No.18 Chambers News Page 12

“Wrongful child abduction” proceedings gone wrong

Sarah Barber (2018)

The case of Moga v Poland was heard in the ECtHR on 22nd February 2022, with the Judgment being published in mid-March 2022. The case concerned an alleged lack of swift examination by the domestic court of “wrongful child abduction” proceedings under the Hague Convention. The states involved in the...

The Divorce, Dissolution and Separation Act 2020 amends the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 to remove fault-based concepts in proceedings for divorce, dissolution and (judicial) separation. This is a fundamental change which will affect the way in which the courts deal with applications. The President of the...

For claims presented on or after the 6th April 2022 the Vento bands are said to attract the following compensation ranges - - Lower Band (applied in less serious cases) - £990 - £9,900; - Middle Band (for cases not meriting an award in the upper band) - £9,900 - 29,600; - Upper...

Gary Fawcett (1975)

This case is of note because Peel J made some preliminary comments on preparation for trial, and then gave a good potted précis of the law in financial remedy proceedings. In his preliminary comments he reminded practitioners of following the FPR and court directions:- ‘Para 2.5 of PD 27A mandates that s25...

The Ministry of Justice has published an information pack and draft court forms before the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) comes into effect on 6 April 2022 The information pack outlines the reforms to divorce law introduced by the DDSA 2020. The pack also sets out...

Gary Fawcett (1975)

This article brings news that Peel J will be the national lead judge for the Financial Remedies Court and the judge-in-charge of standard family orders with effect from 26 April 2022 and refers to his recent decision in MG v GM 2022 EWFC 8. A refreshingly short judgement of 57...

Sarah Barber (2018)

If you haven’t seen my previous articles on this topic, you can access them here: Covid Vaccines – will we have more disagreements about vaccinations in family law? & More on vaccinations – the decision in Re K. To complete the trilogy, we do now have an answer from the...

The Divorce Dissolution and Separation Act 2020 received royal assent on 25 June 2020 and the relevant sections in relation to no fault divorce come into force on 6 April 2022. The rules are set out in the Family Procedure (Amendment) Rules 2022. It is important to note that...

Today, the Guidance from the President’s Office “Liaison between Courts in England and Wales and British Embassies and High Commissions Abroad” has been issued. It has been placed on the judiciary website: click here (opens in a new tab) to read it. The Guidance appends specimen clauses which may be included in orders to be...

Nuffield Family Justice Observatory (Nuffield FJO) has published its strategy for 2022 to 2026. It says: "During our first three years we have talked to children and families, professionals working in and with the court, government, academics and more. Together with the published evidence, these conversations paint a picture...

Make Every Hearing Count’ Case Management Guidance in Public Law Children Cases: March 2022 - please click here for more...

Sarah Barber (2018)

This recent decision of EJ Dyal from October 2021 concerned whether the Claimant, a Christian nurse employed by the Respondent, was constructively unfairly dismissed for refusing to take off her crucifix necklace. Evidently, the wearing of a crucifix necklace or any other piece of religious clothing/item does not amount to one...

This memorandum is to be read with the general guidance on electronic bundles for all courts issued on 29 November 2021 and the supplementary guidance issued on 21 December 2021. The working group referred to in paragraph 4(a) of the guidance given by me on 21 December 2021 has undertaken considerable...

On 6 April 2022 the Divorce Dissolution and Separation Act 2020 comes into force. Among many other things, this makes changes to the terminology used in divorce, dissolution, nullity and separation proceedings so that, for example, a petition is replaced by an application, a decree nisi by a conditional divorce...

Standard orders : Children

The working party under the leadership of HHJ Moradifar considering the Standard Family Orders Volume 2 (Children and Other Orders) has undertaken a preliminary review of all Volume 2 orders to identify those orders which require urgent, immediate, update and amendment which cannot await the outcome of the overall review. They...

John Franklin (2016)

We are delighted to announce John has made the national press on one of his matters; Below is a case summary written by Mr Franklin together with the links to the relevant article : The case involved a life insurance settlement for £100,000 created in 2011 and as is such it...

The Statutory Instrument (SI) is published via the legislation website (external link, opens in a new tab) and the online rules will be updated in due course. The Civil Procedure (Amendment) Rules 2022 (enter into force on 6th April 2022) The SI contains Rule amendments in respect of: Digital Notice of Change – CPR Part 2 and Part 42...

Barnaby Large (2007)

How a workforce is remunerated can be complex and varied with many issues for employment lawyers to get their teeth into. One such conundrum is the question of what is to happen when a pay structure falls outside of the definition of a ‘week’s pay’ in ss.221 – 224 1996 Act?...

Gary Fawcett (1975)

At this hearing the parties self represented, and when the full case report is read, most lawyers would successfully predict the outcome ! It was an indemnity application by W regarding the payment of the single joint experts (SJE) fees. This long running case started in 2013, with the final financial...

Our summer soiree date has changed due to a clash of dates with the Hampshire Law Society annual dinner on the day before. So therefore please put the NEW date in your diary .We would be delighted if you would join us on the 9th June 2022 at the Three...

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