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News Articles From No.18 Chambers

What about me?: Reframing Support for Families following Parental Separation

A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published. President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve...

T and J (Children) [2020] EWCA Civ 1344

Laura Baines (2007)

This was an appeal brought by a mother against findings made in care proceedings concerning her two sons, T now aged rising 7 and J now 4. On 1st July 2018 J was admitted to hospital with a range of injuries including bruises to his forehead, face, ear, chest, abdomen and...

Not liking your in-laws is one thing, but poisoning them is quite another

Sarah Barber (2018)

That’s right, the case of A (A Child) [2020] EWCA Civ 1230 is a case concerning a fairly rare factual matrix where it was alleged that the father of A had poisoned the child’s maternal grandparents and the child’s mother. The private law proceedings in respect of the Father’s contact with...

The enforceability of a recital - BSA v NVT [2020] EWHC 2906 (Fam)

Laura Baines (2007)

In 2018 the Mother commenced proceedings under Schedule 1 to the Children Act 1989. The parties agreed a consent order concluding those proceedings on 11th December 2018. In summary the order recorded the parties’ agreement that the Father would make a housing fund of £2.75 million available for the purchase...

Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings – report published

The President of the Family Division, Sir Andrew McFarlane, has today published the Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings report. It can be read below. Sir Andrew said: “I am pleased to be publishing this important guidance on the need to protect victims of Domestic...

Overview of HMCTS Recovery for Civil and Family Courts and Tribunals

Yesterday HMCTS published their recovery plan for Civil & Family Courts & Tribunals. As we know during pandemic they introduced measures throughout our courts & tribunals to increase capacity & maintain operations. This plan details their progress & sets out how they will continue to deliver our services. It details...

News Flash :Barnaby Large Published in Unlawful Deduction from Wages Claim :Mr C Brice v SynApps Ltd (England and Wales : Unlawful Deduction from Wages) [2020] UKET 3321615/2019

Barnaby Large (2007)

Barnaby Large has been published in relation to successfully resisting all but a minimal award arising from an unclear commission  scheme in a high value wages claim  turning on the interpretation of ‘gross’ and  ‘margin’ – Below are the reserved Judgement and brief reasons, however , to read the full decision...

Care leavers: new guidance to prevent homelessness

The Ministry of Housing, Communities and Local Government has published new guidance for councils to help ensure care leavers have the stable homes they need, and prevent them from becoming homeless. The guidance recommends how council housing departments and children's services should produce a joint protocol that sets out how...

Update on Remote Hearings in the Family Courts: follow-up consultation report

With the news of a second national lockdown a matter of days away, it is important for all family law practitioners to reflect upon the measures that have been put in place to ensure the safety of all court users and also to ensure that the most urgent of children...

New COVID-19 restrictions for England : Announcement from Lord Chief Justice and Senior President of Tribunals

“Subject to the Prime Ministers confirmation this afternoon of the intention of the Government to introduce regulations that place England back into “lockdown”, it has been confirmed that the work of the courts and tribunals will continue to be exempted from these measures. As we are aware between March and...

WS v KL [2020] EWHC 2548- Another look on International Relocation

Rachel Chapman (2017)

This was an appeal by the Father against an order made in April 2020 which allowed the Mother to relocate to Hong Kong with the parties’ two children. As a short background, parties moved to the UK in 2016. In July 2019, following an argument between the parties, the Father made...

Financial Remedy :Litigation conduct by H, failure to negotiate reasonably by W, leading to cross costs orders (OG v AG 2020 EWFC 52)

Gary Fawcett (1975)

This was a  25 year marriage with two children.  The assets totalled £16m, and the costs were in excess of £1m. W raised conduct against H, in particular non disclosure of assets, and forming a (secret) competitor company to devalue the parties company. After the pretrial review, W took an...

RE :C (Children: Welfare)(No.2) [2020] EWFC B36

Asher Shane (2010)

In July 2020 the Family Court heard C (Children: Welfare)(No.2) [2020] EWFC B36, a Public Law case concerning the welfare of two children aged 12 and 10 years, one of whom had complex care needs. Their mother, who was also diagnosed with ASD, wanted to put forward alternative Care Plans. In...

STOP PRESS :NO.18 CHAMBERS INCREASES RECOGNITION IN THE ANNUAL LEGAL 500 RANKINGS FOR FIFTH YEAR RUNNING

Barnaby Large (2007), Ian Wheaton (2002), , Laura Baines (2007), , Nigel Cholerton (2007)

No.18 Chambers are delighted to announce we have increased our recognition for the fifth year running in the annual Legal 500 rankings. The Legal 500 assesses law firms throughout the country and this year No.18 Chambers have been named as one of the recommended sets on the Western Circuit  for...

No.18 Chambers Welcomes New Tenant – Sarah Barber (2018)

Sarah Barber (2018)

No.18 Chambers is delighted to announce that Sarah Barber (2018) has accepted an invitation to join Chambers following the successful completion of her Pupillage. Sarah was called to the Bar in 2018 after obtaining a ‘Very Competent’ grade on the BPTC. Prior to pupillage, Sarah provided assistance to solicitors in child...

Remotely Just or Just Remote?

Barnaby Large (2007)

Forgive the play on words above – I couldn’t resist the opportunity. Despite my rather unfair title, the Present of the Employment Tribunals in England & Wales has issued what seems to be a very sensible Direction & Guidance which came into force on 14th September 2020 to address the...

Negligence and Limitation in financial Remedy

Gary Fawcett (1975)

This negligence case investigates limitation in financial remedy proceedings, with W complaining about her solicitors (the ‘firm’) negligence.  The district judge decided that W’s claim against the ‘firm’:             so far as founded in contract, was time barred, after expiry of the six-year limitation period, see s.5 of the Limitation Act 1980,            ...

Guidance for Experts Witnesses on Giving Evidence Remotely

Asher Shane (2010)

The Academy of Experts’ judicial committee, led by former Supreme Court judge Lord Saville, has produced guidance on the giving of remote evidence for expert witnesses. Although many expert witnesses will already have experienced giving evidence remotely via videolink, this is unlikely to have been in situations where some or all...

Updated Orders by Mr Justice Mostyn

Following the publication of the standard financial and enforcement orders by Mr Justice Mostyn in August 2019, there have been several updates. In order to assist financial remedy practitioners, please find below a link to the latest financial remedy and enforcement orders For those in children work, the up to date 29th...

Mother successfully appeals removal of children under ICOs in Re N (Children) [2020] EWCA Civ 1070

Sarah Barber (2018)

A Mother, supported in her position by the Father and the Children’s Guardian, has successfully appealed an order that the children are removed from her care under pre-existing ICOs. The context of the proceedings were that the LA initially applied for removal of the children to foster care under ICOs, but...

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