No.18 Chambers News Page 2

Re M (A Child) (Placement Order) [2025] EWCA Civ 214, International element - 26 week extension - how long is a piece of string? - reminder of no presumption in favour of parents

Gary Fawcett (1975)

Held: the trial judge made a placement order, which was unsuccessfully appealed. The subject child (18 months) is referred to as M in the judgement, I shall call him Man, so as not to confuse with M for mother. Man was born in August 2023, and both his mother and father...

Helen Moizer (2018)

Maternity leave A parent has the right to up to 52 weeks' maternity leave if they are having a baby and are legally classed as an employee. They have this right from their first day of starting a job. By law, they must take at least 2 weeks off after...

Amelia King (2016)

‘Advances in technology empower anyone with a mobile phone or a tablet to make recordings that would be the envy of yesterday's spies’ (Peter Jackson J M v F (Covert Recording of Children) [2016] EWFC 29). In recent years, the family court is increasingly being asked to consider covert recordings as...

Helen Moizer (2018)

In the recent decision of Pandeli Ltd & Gold Panda Ltd v Ms H O’Keefe [2025] EAT 47, the Employment Appeal Tribunal (EAT), presided over by Lord Fairley, has provided a significant clarification on the application of Rule 76(1)(a) of the Employment Tribunal Rules of Procedure 2013, particularly in the context of...

A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases involving adults who lack capacity. Published on the 7th May, the protocol for cases involving adults who lack capacity was agreed on 4 April 2025 following a series of meetings of...

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings. The guidance, ‘Covert recordings in Family Law proceedings concerning children: Family Justice Council Guidance’, follows an increased use of covert recordings in family law proceedings and...

Rachel Chapman (2017)

‘Where a Family Court has authorised the instruction of an expert witness in public law proceedings, and has directed that the expert’s fees are to be covered by equal contributions from each party, but where the rate to be charged by the expert exceeds that which the Legal Aid Agency...

This View from the President’s Chambers covers a lot of ground. It’s been some time since the last View and the world of Family Justice has been, as ever, very busy. What follows includes important updates and positive news with respect to the following topics: PLO relaunch; Pathfinder; Transparency; Security; CAFCASS...

Sara Chalk (2018)

On 7 February 2025 the Court of Appeal handed down the Judgment of Re T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025). This case relates to an appeal following public law care proceedings in respect of three brothers, A1, A2 and A3. They have been together in...

Sara Chalk (2018)

A large number of public law proceedings conclude with a Care Order having been made and a care plan of long term foster care. Parents often ask "what can I do in the future to have the Care Order discharged and to have the children returned to my care?" The basic...

The President of the Family Division and the Chief Coroner are pleased to announce the publication of a new protocol, which takes effect today: the “2025 Protocol and Good Practice Model: Disclosure of information between Coroners and the Family Court in cases involving fatality”. The Protocol has been designed as a...

The President of the Family Division, Sir Andrew McFarlane, has published guidance for family judges on when, how and why to write to children in family court proceedings (See attached). The guidance was developed with the Family Justice Young People’s Board, with individuals sharing their own experiences of proceedings and...

Asher Shane (2010)

In this case, the father applied to have the parties’ two children returned to Nigeria, following their alleged unlawful removal by the mother on or around 24 June 2024. The matter was eventually listed for a 3-day fact-finding hearing on 16 December 2024. This had been preceded by a pre-trial review hearing...

Laura Baines (2007), Claire Hook (2010), Tracey Hennessey (2001), Helen Moizer (2018), Elicia Davis (2017), Gillian Irving KC (1984 | Silk: 2006), Sarah Hirech (2012), Sara Chalk (2018), Amelia King (2016), Rachel Chapman (2017), Sarah Barber (2018), Rebecca Caws (2023)

Today, we celebrate the incredible women at No. 18 Barristers Chambers and their invaluable contributions to the legal profession. Their dedication, expertise, and hard work continue to inspire and shape the future of the industry. Here’s to recognising their achievements and championing equality, today and every day....

Helen Moizer (2018)

The Employment Tribunal Procedure Rules 2024 (SI 2024/1155) ('ETPR') will come into force on 6 January 2025, replacing the current rules set out in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The ETPR 2024 marks a significant update to the procedural framework for employment tribunals. While...

Helen Moizer (2018)

Sadia Shakil v Samsons Ltd [2024] EAT 192 The recent case of Sadia Shakil v Samsons Ltd [2024] EAT 192 addresses key issues surrounding the assessment of injury to feelings. The Employment Appeal Tribunal (EAT) emphasised the importance of applying the Vento Guidelines and following Presidential Guidance when assessing compensation for injury to feelings. Case Background Sadia Shakil...

Gary Fawcett (1975)

Background chronology concerning the 3 children who in August 2024 were aged 11 [C1] , 9 [C2] and 1 [C3]: 2016 Fact find hearing, CAO to F with SO August 2019 F took C1 & C2 to Africa. leaving them there in the care of their grandmother March 2023 C3 was born. September 23...

Sara Chalk (2018)

The Family Justice Council (FJC) has published guidance for Family judiciary, and those working in the Family Justice System, on responding to allegations of alienating behaviour. The guidance can be found via the following link - The guidance, which is titled ‘Guidance on responding to a child’s unexplained reluctance, resistance...

Barnaby Large (2007)

Barnaby recently acted for the respondent in the Employment Appeal Tribunal in the matter of Main v SpaDental Ltd & Ors. The appeal addresses questions of interest on holiday pay and its place in insolvency law - " ...

Helen Moizer (2018)

The Department for Business and Trade has announced that a new right to neonatal leave will come into effect from 6 April 2025, providing critical support for working parents with babies in neonatal care. This follows the Neonatal Care (Leave and Pay) Act, passed in 2023. Eligible parents (those with babies...

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