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Civil Procedure (Amendment) Rules 2021 & the 127th Practice Direction Update

The Statutory Instrument is being published via the Legislation website at: The on-line rules/web site will also be updated accordingly. Civil Procedure (Amendment) Rules 2021 enter into force 06 April 2021. This SI contains rule changes in respect of: Vulnerable witnesses: amends the CPR’s Overriding Objective, following the recommendation in the report by...

Gary Fawcett (1975)

I have had to simplify the facts to present a short article. W made an application for financial remedy. The parties ran a shipping business. There has already been one reported case between these parties, and there were seven respondents, so you get the flavour. W made preliminary applications to determine the...

This case explored the concept of ‘critical analysis’, of the wife's income needs, distinguishing between levels of income/low/high value cases and ‘immediate needs’. W was granted maintenance pending suit (mps) by the DDJ. H succeeded on getting the order dismissed on appeal to the Circuit Judge because the DDJ’s financial analysis was...

Amelia King (2016)

This judgment warns of the possibility of criticisms and sanctions being imposed should unnecessary private law children applications be made. The judgment follows a successful appeal in the Family Court at Bristol against an order made by a legal adviser, acting under powers delegated to her by Practice Direction 2C and...

Amendments to Family Procedure Rules

Amendments to paragraph 1.4 and 11.1 of Practice Direction 36N, to add provision for a legal representative of a respondent to use the online system for contested financial remedy applications and remove references to Maintenance Pending Suit applications, came into force on 18 December 2020. The remainder of the amendments come...

CPR Amendments – 21st DECEMBER 2020 Update 126th Practice Direction Update to the Civil Procedure Rules (BREXIT) The Master of the Rolls and the Parliamentary Under-Secretary of State have signed the 126th Practice Direction (PD) Update. The 126th PD Update click here, PD Update (the 107th) which makes amendments to various PDs in...

A working group of the Civil Justice Council, chaired by Nicola Critchley, has concluded its work on low value personal injury claims and today publishes its final report. The group’s chair, Nicola Critchley said: “I am grateful for the hard work that has gone into the preparation of this comprehensive report...

Cafcass has issued a statement in relation to the latest covid restrictions . Click here to read in full....

The Lord Chief Justice has issued a statement in relation to the latest covid restrictions . It can be read in full as below; ‘We have now entered lockdown for the third time. The courts and tribunals must continue to function. The position remains that attendance in person where necessary is...

The President of the Family Division, Sir Andrew McFarlane, has just released the updated document: The Family Court and COVID-19 – the Road Ahead 2021- click here for more information...

Theo Huckle KC (1985 | KC: 2011)

No.18 Chambers is delighted to announce that leading Complex Injury silk Theo Huckle QC (Call 1985; QC 2011) has accepted an invitation to join Chambers. Theo specialises in Complex and Catastrophic Personal Injury, Clinical Negligence, Industrial Disease and Product Liability work. For full details of his background and practice, see...

We would like to take this opportunity to thank you for your support in 2020 and wish you a Happy Christmas and a Prosperous New Year....

Laura Baines (2007)

The appeal arises from a fact-finding hearing within care proceedings. In terms of background the main issue in the proceedings was how A (a girl then aged 2) came by a subgaleal haematoma (bleeding between the scalp and the skull). The local authority alleged that it was an injury inflicted by...

On 12 November 2019 the Office of the President of the Family Division issued on my behalf new Practice Guidance to explain the registration and regulation structure applicable in England and, separately, in Wales for residential care facilities for children and young people: Practice Guidance: Placements in unregistered children’s homes...

Gary Fawcett (1975)

In this case Mostyn J robustly clarifies an area of law that had become bogged down and confusing for many years. The brief facts are the court made a financial remedy order in 2010 reflecting in its recital a broadly equal division of capital, which included a property portfolio after a...

Laura Baines (2007)

This was a judgment handed down by MacDonald J following a Fact-Finding Hearing to consider how S suffered a hypoxic head injury when nearly 3 months old in early June 2019. The judgment was a long and detailed one and full reading is recommended. However, a summary is set out...

Ministry of Justice Statistics set out the impact of Covid-19 on family court activity The latest statistics show the substantial effect Covid-19 has had on family court activity between April and June 2020. For example, the number of domestic violence remedy order applications increased by 24% compared to the same...

Laura Baines (2007)

In summary the Court of Appeal dismissed the appeal from a decision placing the father and a family friend in the pool of potential perpetrators of non-accidental injuries to the child. This was an appeal from findings of fact that were made at a rehearing of care proceedings. When an application is...

No18 Chambers Christmas Appeal

We know it’s a challenging time for everyone at the moment as the coronavirus pandemic continues to unfold. The lives of hundreds of people in our area have been disrupted and are now experiencing job insecurity, illness and isolation. Food banks who are the grassroots community organisations aimed at supporting...

The Master of the Rolls and the Courts Minister have signed the 125th Practice Direction Update to provide for further functionalities within the Online Civil Money Claims (OCMC) Pilot, PD51R. The PD is effective immediately i.e. from 11am, 16th November 2020. The pilot PD 51R currently runs until 30 November 2021. The...

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