No.18 Chambers News Page 17

A v R [2020] EWHC 3729 (Fam) - Procedure for decree nisi, and effect on subsequent financial remedy order - when is a decree nisi not a decree nisi? - when is a final financial order not a final order?

Gary Fawcett (1975)

This article is concerned with W applying for a declaration under the court's inherent jurisdiction that a decree nisi was granted on 25 January 2019 and that the same should now be recorded on the court file; there being financial remedy proceedings being put into the mixer. W’s appeal was...

Theo Huckle KC (1985 | KC: 2011)

The recent judgment of Mann J. in Various Claimants v G4S Plc [2021] EWHC 524 (Ch) (“G4S”) has attracted a great deal of interest, in particular as to two aspects of the judge’s findings concerning amendment of the claim form pre-issue (CPR17.1). It is a long and detailed judgment on...

According to a survey carried out by Nuffield Family Justice Observatory, nine out of ten professionals think standalone supervision orders should continue to be an option in care proceedings. A key reason given for this was the need for a proportionate order between a care order and no order when...

BASW England has published new guidance for child and family social workers supporting victim-survivors of domestic abuse. The pandemic has seen a 61 per cent increase in calls and contacts, according to Refuge. BASW England notes that the increased demand for support coincides with severe cuts to domestic abuse services,...

Following the publication of the report of the Public Law Working Group (PLWG), and in particular noting the observations about the standard orders in public law cases, a small committee comprising HHJ Hess, HHJ Dancey, HHJ Moradifar and Alex Laing has recommended amendments to the standard orders. The amendments not only...

Gary Fawcett (1975)

Many of Mostyn J’s judgements make valuable reading for the use of some English word that one didn’t know existed or had long forgotten, or contains a reference to a case that was admitted to the lexicon of authorities before most of us were probably born. So, on to the essence...

There was a bit of heat in this case, nothing to do with both parties being qualified Barristers I’m sure ! But the judge described matters thus - these rival applications have fuelled an expensive and hot tempered feud ! Now to the facts. Cohabitation began in 2005, the parties married...

These Regulations, which come into force on 4 May 2021, amend the Civil Partnership (Registration Provisions) Regulations 2005 ("the 2005 Regulations"), the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015 ("the 2015 Regulations") and the Civil Partnerships Records Regulations 2016 ("the 2016 Regulations"). The 2005 Regulations make provision about the registration of civil partnerships...

Lord Wolfson, Parliamentary Under Secretary of State at the Ministry of Justice, has approved and signed a temporary Insolvency Practice Direction (TIPD) on behalf of the Lord Chancellor. The TIPD comes into force on 1 April 2021. It replaces and extends the previous TIPD, which expires on 31 March 2021. There...

On 26th March 2021 the Presidents of the Employment Tribunals for England & Wales and Scotland issued a further addendum (the fourth after the initial 2017 Guidance) on the application of the bands of award for injury to feelings ('the Vento Bands'). - One off acts and less serious cases ('Lower Band') - £900 - £9,100; - Cases...

Family Procedure (Amendment) Rules 2021

The Family Procedure (Amendment) Rules 2021, which come into force on 6 April 2021, amend the Family Procedure Rules 2010 as follows: Rule 3 amends rule 6.43 of the FPR which makes provision for cases where service is to be effected on a respondent outside of the United Kingdom. Rule 4 inserts a...

On 24 February 2021, the President of the Family Division issued an announcement confirming the completion of the pilot project for the Financial Remedies Court ("FRCs") and confirmed that they are now formally part of the Family Court. The FRCs will deal with all financial remedy applications, including those under Schedule...

The Local Government and Social Care Ombudsman has launched a new guide to help local authorities handle complaints under the children's services statutory complaints process. Free to download, the short guide shares the lessons from previous investigations about how councils should apply the regulations and statutory guidance. This is the area...

New Practice Direction 36V is made under rule 36.2 FPR 2010. It modifies the Family Procedure Rules (FPR) and practice directions to reflect the existence of the Family Mediation Voucher Scheme, which launches on 26 March 2021. The purpose of the Family Mediation Voucher Scheme is to offer a financial contribution...

This Practice Direction is made pursuant to regulation 10A(1) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 to authorise members of staff appointed as legal officers, to carry out functions of a judicial nature. The Lord Chancellor has approved this Practice Direction in accordance with section 7A...

Gary Fawcett (1975)

1. Case alert, case alert ! All that these short articles can do is alert you to a topic in a case. A full exploration cannot be undertaken, and a precis can distort and omit. So this article is written without liability, and without guarantee of the authors sanity …...

Gary Fawcett (1975)

HHJ Hess made a final financial remedy order in January 2018. H did not file a form E and played no part in proceedings. The court therefore relied on the evidence of W. W stated the marital home was worth £250,000, with a mortgage of £100,000; that being the only asset...

“It is almost a year since the courts started to hear more cases remotely as a consequence of the COVID-19 pandemic. This has enabled us to keep people safe whilst continuing to administer justice. At the start of the year as we went once more into lockdown in the face...

Re B (Supervision Order) [2021] EWFC B8

Rachel Chapman (2017)

This case relates to ‘B’, who, at the time of the final hearing, was almost 10 months old. The Local Authority issued proceedings at B’s birth, and he was removed from his parents and placed in foster care, when he was only a few days old and discharged from hospital. Both...

Barnaby Large (2007)

The Government has laid before Parliament 'The Employment Rights Act 1996 (Protection from Detriment in Health & Safety Cases) (Amendment) Order 2021' which will confer the right not to suffer detriment for specified health and safety reasons under s.44 Employment Rights Act 1996 to workers as well as employees. The Order...

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