News

Re S 13.6.25. DJ Knifton, Liverpool. Case between Father & Mother & Maternal Grandmother PR - distinction between PR and contact test - review of cases pre and post Children Act 1989

Gary Fawcett (1975)

This case caught my eye, because the District Judge rehearses the law on PR.  Whilst we are all familiar with the tripartite test, there is just a little more to it than that !  The case doesn’t really create new judicial law, but is a good reminder of the current...

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Tribunal Updates: No Return of Fees, Pension Loss Guidance Review & New London Venue Announced

Helen Moizer (2018)

Government Confirms Employment Tribunal Fees Will Not Be Reintroduced The Labour government has confirmed that employment tribunal fees will not be reintroduced, ending speculation that arose following recent comments from the Ministry of Justice. David Lammy, the Deputy Prime Minister and Lord Chancellor, issued a clear statement via social media platform X (formerly...

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Bournemouth, Christchurch and Poole Council and Father & Mother [2025] EWFC 315 (B) 1.9.25. HHJ Simmonds - Extended Civil Restraint Order

Gary Fawcett (1975)

When I read about a Civil Restraint Order my mind conjures up pictures of the Civil Guardia in Spain slapping the cuffs on someone, but as we know, that is not the case. In this Bournemouth case the parents represented themselves. On 23rd of July 2025 DJ Veal made a public...

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ER v NT (Need for fact-finding hearing) [2025] EWHC 2146 (Fam)

Rebecca Caws (2023)

This case concerns an appeal by a Mother (“M”) against a case management decision not to direct a fact-finding hearing. The proceedings concerned the Father’s (“F”) application for a child arrangements order to spend time with the parties’ daughter, CT born in 2023. The case management decision took place following the...

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No.18 Chambers welcomes Holly McGahey (2023) and Callan Withers (2025) as they commence pupillage

Holly McGahey (2023), Callan Withers (2025)

Holly McGahey (2023) Holly joined Chambers as a pupil after successful completion of the MLaw Exempting (Bar Course) at Northumbria University. Holly achieved a First Class Honours degree, along with a Distinction in all Bar Course modules. She was Called to the Bar in October 2023 by Gray’s Inn.  Prior to joining...

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AN EXCEPTIONAL YEAR FOR NO.18 CHAMBERS IN THE ANNUAL LEGAL 500 RANKINGS

Tracey Hennessey (2001), Nigel Cholerton (2007), Barnaby Large (2007), Laura Baines (2007), Claire Hook (2010), Francis Payne (2014), Amelia King (2016), Rachel Chapman (2017), Sara Chalk (2018), John Franklin (2016), Ian Wheaton (2002), Sarah Hirech (2012), Mark Windebank (LLB (Hons)), Dan Fantham, Breandan OCaoimh

No.18 Chambers are delighted to announce we have again received increased recognition for the Tenth year running in the annual Legal 500 rankings strengthening our TIER 2 status in Family & TIER 3 status in Employment. We would like to thank all those who have and continue to support us. The Legal...

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Rotherham MBC v M, F & C [2025] EWFC 298 (B) HHJ Afzal CBE - Revocation of Placement Order - Role of IRO - Papers to OS, is one child entitled to compensation

Gary Fawcett (1975)

 Two things caused me to write this article concerning the case law report: It contained no case law and It is not a situation I see very often. 25th September 2020.  C and his brother AR were made the subject of care and placement orders.  No joint placement found, and AR was put...

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Consultation on Revised Family Public Law and Private Law Allocation and Gatekeeping

A message from Mr Justice Keehan: In February 2024, the President of the Family Division’s Family Executive Team, chaired by me, established the Family Magistrates Working Group to consider the allocation of work to magistrates. This group includes judges, magistrates and legal advisers. Following a review of the existing Allocation...

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Flexible and Hybrid Working in the UK: One Year on from the Employment Relations (Flexible Working) Act 2023

Helen Moizer (2018)

The Chartered Institute of Personnel and Development (CIPD) is the professional body for human resources. CIPD has released a new report, alongside a series of case studies, assessing the state of flexible and hybrid working in the UK more than a year after the Employment Relations (Flexible Working) Act 2023...

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Employers and flexible working: what are the current challenges?

The Advisory, Conciliation and Arbitration Service (ACAS) has recently published the results of a YouGov poll of 1,015 senior business decision makers, which was conducted from 24 March to 2 April 2025. The research follows the introduction of the day-one right to request flexible working, and further changes are anticipated under...

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Practice Direction 36zi – Pilot Scheme: Notification to The Police When Certain Orders Are Made Under Part 4 of The Family Law Act 1996

Helen Moizer (2018)

(PLEASE NOTE THIS PD COMES INTO FORCE 14 JULY 2025 ) This Practice Direction supplements FPR Part 36, rule 36.2 (Transitional Arrangements and Pilot Schemes). Scope and interpretation 1.1 This Practice Direction is made under rule 36.2 FPR and sets up a Pilot Scheme to allow for His Majesty’s Courts and Tribunals Service (HMCTS)...

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Barnaby Large Published in Lexis Nexis On Common Issues Arising In The Merits Assessment Stage Of An Application For Public Funding Of Private Law Children Litigation.

Barnaby Large (2007)

Barnaby first considers eligibility – what is required to qualify for public funding, what categories of litigation fall within scope and what applications are excluded? The Article then considers application of the Civil Legal Aid (Merits Criteria) Regulations 2013 – both the Prospects of Success and Reasonable Privately Paying Individual Tests,...

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Deprivation Of Liberty Orders - A Reminder Of Key Points

Sara Chalk (2018)

Over recent months I have noticed an increase in Deprivation of Liberty cases coming before the local Court and sadly these involve many young adults being in a mental health crisis. It has become apparent that there are real difficulties in the management of cases such as these with shortages...

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Financial Remedies Court: Update on ES2, part of the Efficiency Statement

MR JUSTICE PEEL & HIS HONOUR JUDGE HESS have made this announcement with the authority of the President (of the Family Division). Following its introduction as part of the Efficiency Statement in April 2022, the ES2 has become an established, and indispensable part of the financial remedies process. It has been...

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London Borough of Barnet v DM, LT & TT (referred to as T, the child) 2025 EWFC 168

Gary Fawcett (1975)

MacDonald J considers the welfare test - To adopt or not to adopt - that is the question.  With the added bonus of reference to many cases on welfare and adoption - a lawyers playground, one might respectfully say.  As a preamble, such is the excellent legal content that I...

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MNV v CNV : financial remedy, low value case, add back considered interestingly by DDJ Bradshaw. (Judgement handed down, 19.6.25)

Judgements get longer, a short sound bite note cannot replicate everything.  This note is a guide to law, almost a nutshell type of reference.  The facts may almost be irrelevant, but I will give a short resumé. H applicant, W respondent.  H 54, W 45. They met in 2007 and cohabited...

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Re M (A Child) (Placement Order) [2025] EWCA Civ 214, International element - 26 week extension - how long is a piece of string? - reminder of no presumption in favour of parents

Gary Fawcett (1975)

Held:  the trial judge made a placement order, which was unsuccessfully appealed.   The subject child (18 months) is referred to as M in the judgement, I shall call him Man, so as not to confuse with M for mother.  Man was born in August 2023, and both his mother and father...

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Campaigners Call for Urgent Overhaul of Parental Leave in the UK

Helen Moizer (2018)

Maternity leave A parent has the right to up to 52 weeks' maternity leave if they are having a baby and are legally classed as an employee. They have this right from their first day of starting a job. By law, they must take at least 2 weeks off after...

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Covert Recordings in Family Proceedings – the Guidance

Amelia King (2016)

‘Advances in technology empower anyone with a mobile phone or a tablet to make recordings that would be the envy of yesterday's spies’ (Peter Jackson J M v F (Covert Recording of Children) [2016] EWFC 29). In recent years, the family court is increasingly being asked to consider covert recordings as...

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EAT Upholds Tribunal Costs Award in Pandeli Ltd & Gold Panda Ltd v O’Keefe: Scope of “Conduct of Proceedings” Clarified Under Rule 76

Helen Moizer (2018)

In the recent decision of Pandeli Ltd & Gold Panda Ltd v Ms H O’Keefe [2025] EAT 47, the Employment Appeal Tribunal (EAT), presided over by Lord Fairley, has provided a significant clarification on the application of Rule 76(1)(a) of the Employment Tribunal Rules of Procedure 2013, particularly in the context of...

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