No.18 Chambers News Page 2

New protocol on communications between judges in Scotland, England & Wales, and Northern Ireland in cases involving adults who lack capacity, and accompanying handbook

A new protocol regulating communications between judges in Scotland, England & Wales, and Northern Ireland has been agreed for cases involving adults who lack capacity. Published on the 7th May, the protocol for cases involving adults who lack capacity was agreed on 4 April 2025 following a series of meetings of...

The Family Justice Council (FJC) has published guidance for professionals and litigants who represent themselves on the use of covert recordings in family law proceedings. The guidance, ‘Covert recordings in Family Law proceedings concerning children: Family Justice Council Guidance’, follows an increased use of covert recordings in family law proceedings and...

Rachel Chapman (2017)

‘Where a Family Court has authorised the instruction of an expert witness in public law proceedings, and has directed that the expert’s fees are to be covered by equal contributions from each party, but where the rate to be charged by the expert exceeds that which the Legal Aid Agency...

This View from the President’s Chambers covers a lot of ground. It’s been some time since the last View and the world of Family Justice has been, as ever, very busy. What follows includes important updates and positive news with respect to the following topics: PLO relaunch; Pathfinder; Transparency; Security; CAFCASS...

Sara Chalk (2018)

On 7 February 2025 the Court of Appeal handed down the Judgment of Re T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025). This case relates to an appeal following public law care proceedings in respect of three brothers, A1, A2 and A3. They have been together in...

Sara Chalk (2018)

A large number of public law proceedings conclude with a Care Order having been made and a care plan of long term foster care. Parents often ask "what can I do in the future to have the Care Order discharged and to have the children returned to my care?" The basic...

The President of the Family Division and the Chief Coroner are pleased to announce the publication of a new protocol, which takes effect today: the “2025 Protocol and Good Practice Model: Disclosure of information between Coroners and the Family Court in cases involving fatality”. The Protocol has been designed as a...

The President of the Family Division, Sir Andrew McFarlane, has published guidance for family judges on when, how and why to write to children in family court proceedings (See attached). The guidance was developed with the Family Justice Young People’s Board, with individuals sharing their own experiences of proceedings and...

Asher Shane (2010)

In this case, the father applied to have the parties’ two children returned to Nigeria, following their alleged unlawful removal by the mother on or around 24 June 2024. The matter was eventually listed for a 3-day fact-finding hearing on 16 December 2024. This had been preceded by a pre-trial review hearing...

Laura Baines (2007), Claire Hook (2010), Tracey Hennessey (2001), Helen Moizer (2018), Elicia Davis (2017), Gillian Irving KC (1984 | Silk: 2006), Sarah Hirech (2012), Sara Chalk (2018), Amelia King (2016), Rachel Chapman (2017), Sarah Barber (2018), Rebecca Caws (2023)

Today, we celebrate the incredible women at No. 18 Barristers Chambers and their invaluable contributions to the legal profession. Their dedication, expertise, and hard work continue to inspire and shape the future of the industry. Here’s to recognising their achievements and championing equality, today and every day....

Helen Moizer (2018)

The Employment Tribunal Procedure Rules 2024 (SI 2024/1155) ('ETPR') will come into force on 6 January 2025, replacing the current rules set out in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. The ETPR 2024 marks a significant update to the procedural framework for employment tribunals. While...

Helen Moizer (2018)

Sadia Shakil v Samsons Ltd [2024] EAT 192 The recent case of Sadia Shakil v Samsons Ltd [2024] EAT 192 addresses key issues surrounding the assessment of injury to feelings. The Employment Appeal Tribunal (EAT) emphasised the importance of applying the Vento Guidelines and following Presidential Guidance when assessing compensation for injury to feelings. Case Background Sadia Shakil...

Gary Fawcett (1975)

Background chronology concerning the 3 children who in August 2024 were aged 11 [C1] , 9 [C2] and 1 [C3]: 2016 Fact find hearing, CAO to F with SO August 2019 F took C1 & C2 to Africa. leaving them there in the care of their grandmother March 2023 C3 was born. September 23...

Sara Chalk (2018)

The Family Justice Council (FJC) has published guidance for Family judiciary, and those working in the Family Justice System, on responding to allegations of alienating behaviour. The guidance can be found via the following link - The guidance, which is titled ‘Guidance on responding to a child’s unexplained reluctance, resistance...

Barnaby Large (2007)

Barnaby recently acted for the respondent in the Employment Appeal Tribunal in the matter of Main v SpaDental Ltd & Ors. The appeal addresses questions of interest on holiday pay and its place in insolvency law - " ...

Helen Moizer (2018)

The Department for Business and Trade has announced that a new right to neonatal leave will come into effect from 6 April 2025, providing critical support for working parents with babies in neonatal care. This follows the Neonatal Care (Leave and Pay) Act, passed in 2023. Eligible parents (those with babies...

The Family Justice Council (FJC) has published guidance for legal practitioners working with neurodivergent users of the Family Justice System. The guidance can be found on the Neurodiversity in the Family Justice System guidance page. The guidance follows almost two years of work drawing together the existing regulatory framework and setting out best...

Gary Fawcett (1975)

The judge recited quite a lot of law in his judgement, some of which is included in this article, but it makes the article longer than most soundbites. However it does , provide a useful guide to the relevant law. Birth mother [BM] applied for direct contact to her child, now...

Transfer of proceedings under Articles 8 and/or 9 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Convention’) Introduction This Guidance is an update of the document “Guidance for the Judiciary: Transfer of proceedings...

This guidance replaces the President’s Guidance of 10 November 2014: The International Child Abduction and Contact Unit (ICACU). A substantial number of public law children cases have an international element and courts often require information from other jurisdictions before being able to proceed. It is not always easy to know...

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