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News Articles From No.18 Chambers

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...

Updated: Practice Direction on Committal for Contempt of Court in Open Court

Gary Fawcett (1975)

The Lord Chief Justice has issued an updated Practice Direction on committal for contempt of court in open court. Except in relation to proceedings for contempt of court to which part 81 of the Civil Procedure Rules 1998 apply, the Practice Direction applies to all proceedings for committal...

Financial Remedy - Accepting and enforcing undertakings for the payment of money.

In a recent case, H had left the fmh, but continued to make certain payments to third parties.  W claimed mps.  H agreed to undertake to make certain payments to third parties and gave an undertaking to do the same.  The issue of quantum of mps was determined by the...

Re Y – What are the Local Authority’s powers to change the nationality of children in care?

Sarah Barber (2018)

In the recent case of Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038, the court considered the nature of the LA’s corporate PR to make decisions relating to children in care. Background The proceedings concerned 2 children of Indian nationality who were born in the UK. The children...

‘Self-employed’ hairdresser ruled an employee by the Manchester Employment Tribunal

Sarah Barber (2018)

This landmark case furthered the decision of Pimlico Plumbers v Smith [2018] UKSC 29 in deciding when a Claimant is a ‘worker’ or an ‘employee’. The Claimant, Ms Gorman, a hairdresser at a Terence Paul salon in Manchester, brought an action against her former employers for holiday pay, notice pay and...

Guidance issued by Mrs Justice Theis :Practice Guidance on Service of Part 4 Family Law Act 1996 applications, orders and notification to the police: Pilot Practice Direction 36U

Sarah Barber (2018)

Practice guidance has been issued by Mrs Justice Theis (Acting President of the Family Division) on Service of Part 4 Family Law Act 1996 applications, orders and notification to the police.  At the Family Procedure Rule Committees meeting in July 2020 they considered the issue of service arrangements for applications...

Re C and the dangers of remote hearings

Re C [2020] EWCA Civ 987 is a warning to practitioners and Judges alike. A hybrid hearing took place, where medical evidence was conducted by Zoom. The Appellant however gave evidence in the court building. During her second day of evidence, the Appellant stated she was unwell with back pain...

Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 & the 123rd Practice Direction Update

Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 (coming into force on 23 August 2020) The Statutory Instrument is being published via the Legislation website at: The on-line rules/web site will also be updated accordingly. This follows The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, which came into effect on 25...

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