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News Articles From No.18 Chambers

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)...

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,...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Family Justice Council Guidance on Covert Recordings in Family Law proceedings concerning children

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...

Re K and Re S (Legal Aid: Experts’ Fees)

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...

A View from The President’s Chambers: April 2025

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...

Risk assessments and consideration of risk management taking into account the Welfare Checklist - Re T (Children: Risk Assessment) [2025] EWCA Civ 93 (07 February 2025)

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...

Discharge of care orders - what are the factors to consider?

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...

2025 protocol and good practice model: disclosure of information between coroners and the family court in cases involving fatality

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...

President of the Family Division publishes guidance on writing to children, developed with the Family Justice Young People’s Board

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...

Passing the buck may cost you a buck: A Father v A Mother [2025] EWHC 364 (Fam) (20 February 2025) - wasted costs against legal representatives with sloped shoulders…

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...

Happy International Women’s Day from No 18 Chambers

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....

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