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News Articles From No.18 Chambers

Practice Guidance on Remote Observation of Hearings – New Powers

Introduction From 28 June 2022, courts and tribunals will have new powers to allow reporters and other members of the public to observe hearings remotely. The purpose of this Practice Guidance is to help judicial office holders understand and apply the new law. Background and sources Open justice has been a...

Changes in the Clerk’s room

Everyone knows Dan Fantham (First Junior) & I, so no change there, but Beth has decided to move on from clerking. Beth has been with us for three years starting as a clerking assistant and being promoted to 2nd Junior. We are sorry to see her go  but wish her...

Gallagher v Gallagher [2022] EWFC 52 - Mostyn J’s guidance and views on reporting restrictions, indicating openness. (Plus EWFC 53 - premarital acquired assets, company valuation - linear approach)

Gary Fawcett (1975)

This was a big money case, assets for distribution £35,456,884 and the financial hearing is reported separately at [2022] EWFC 53 (and see short note at end). In EWFC 52 (reporting restrictions), H applied for a reporting restriction order, alternatively an anonymity order. In paragraph 2 of the report Mostyn J airs...

Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s

Sarah Barber (2018)

Sarah Barber will be trekking 13 miles (that’s half-marathon distance) around Stonehenge in September 2022 to raise money for the Alzheimer’s Society. The Alzheimer’s Society support people with Alzheimer’s and dementia and their families, along with undertaking vital research. Every three minutes, someone in the UK is told they have dementia,...

What’s in the News – just in case you missed it

Domestic Abuse Act 2021 (Commencement No 4) Regulations 2022 These regulations bring into force various parts of the Domestic Abuse Act 2021 on various dates in May and June 2022: Sections 62 (special measures in criminal proceedings for offences involving domestic abuse) and 67 (orders under section 91(14) of the...

Whistlestop Touring the Without Prejudice Principle in Employment Tribunal Litigation

Barnaby Large (2007)

The Without Prejudice Principle was neatly enunciated by the EAT in Faithorn Farrell Timms LLP v Bailey UKEAT/0025/16/RN – “The principle provides that where there is a dispute between parties, any written or oral communications between them amounting to a genuine effort to resolve the dispute will not generally be admitted...

Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s

Sarah Barber (2018)

Sarah Barber will be trekking 13 miles (that’s half-marathon distance) around Stonehenge in September 2022 to raise money for the Alzheimer’s Society. The Alzheimer’s Society support people with Alzheimer’s and dementia and their families, along with undertaking vital research. Every three minutes, someone in the UK is told they have dementia,...

VV v VV 2022 EWFC 41 (13.5.22) Short childless marriage - cohabitation period - conduct/misconduct - needs

Gary Fawcett (1975)

As I have said before, trying to squeeze an 11,431 word judgement into a useful bitesized article is like … well I’ll leave that to your imagination. The relationship history was as follows:- In March 2018 the parties (in their 50’s) met on Eurostar, which as far as I am aware does...

M (A Child: Private Law Children Proceedings: Case Management: Intimate Images) [2022] EWHC 986 (Fam) (29 April 2022)

Amelia King (2016)

The use of intimate images in private law proceedings is increasing in cases involving allegations of domestic abuse. Prior to this judgment, there was no reported case addressing such an issue and PD12J offers no assistance as to the use of such images either. Mrs Justice Knowles has given guidance...

Claims for victimisation: is suspension a detriment?

Sarah Barber (2018)

The case of Fullah v The Medical Research Council & Ors [2022] EAT 45 gives us a simple answer that, in the context of this case: yes, it probably was. The case arose from a claim by the Claimant, Mr Fullah, of race discrimination and victimisation against his employer in May...

Sarah Barber trekking 13 miles (that’s half-marathon distance) around Stonehenge to raise money for the Alzheimer’s

Sarah Barber (2018)

Sarah Barber will be trekking 13 miles (that’s half-marathon distance) around Stonehenge in September 2022 to raise money for the Alzheimer’s Society. The Alzheimer’s Society support people with Alzheimer’s and dementia and their families, along with undertaking vital research. Every three minutes, someone in the UK is told they have dementia,...

Practice Note: Chancery Division Applications Court

With effect from 9 May 2022, the default position for applications in the Chancery Division Applications Court only will be that they are heard in person in Court 10, the Rolls Building unless, in the discretion of the judge, a remote or hybrid hearing is considered appropriate. All other applications, hearings...

Fact-finding hearings and domestic abuse in Private Law children proceedings – Guidance for Judges and Magistrates : Sir Andrew McFarlane President of the Family Division

Introduction In March 2022 Sir Andrew McFarlane President invited Lady Justice Macur to form a small group with the task of producing short, clear and practical guidance for judges and magistrates concerning fact finding hearings and domestic abuse in Private Law children proceedings in the Family Court.  General Make every hearing count. Do...

Traharne v Limb [2022] EWFC 27 (31 March 2022) - Post nup agreement (PNA)

Gary Fawcett (1975)

Classed by the judge as ‘not a big money case’, the parties assets totalled over £4m.  Big money for most of us I’d say ! Costs were in excess of £650,000, which reflects the emotional state divorcing couples get into to seek justice by taking ‘misconceived steps’ as described by the...

News – Just in case you missed it

Rachel Chapman (2017)

Backlash over £593 divorce fee With the dawn of 'No-Fault Divorce', some are questioning the £593 fee currently payable in order to issue a divorce petition, given the process will be online and quicker following upcoming reforms. David Hodson, of the Law Society's family law committee, commented as follows:...

Notice from the Financial Remedies Court: Electronic Bundles

Rachel Chapman (2017)

MR JUSTICE MOSTYN MR JUSTICE PEEL HIS HONOUR JUDGE HESS FRC ADVISORY NOTICE The use of electronic bundles in the Financial Remedies Court in the last two years has  moved from being fairly rare to almost universal. This is an excellent outcome for a number of reasons and we are keen...

“Wrongful child abduction” proceedings gone wrong

Sarah Barber (2018)

The case of Moga v Poland was heard in the ECtHR on 22nd February 2022, with the Judgment being published in mid-March 2022. The case concerned an alleged lack of swift examination by the domestic court of “wrongful child abduction” proceedings under the Hague Convention. The states involved in the...

Guidance from the President of the Family Division: the Divorce, Dissolution and Separation Act 2020

The Divorce, Dissolution and Separation Act 2020 amends the Matrimonial Causes Act 1973 and the Civil Partnership Act 2004 to remove fault-based concepts in proceedings for divorce, dissolution and (judicial) separation. This is a fundamental change which will affect the way in which the courts deal with applications. The President of the...

The Presidents of the Employment Tribunals in England & Wales and in Scotland have distributed a further addendum to their 2017 Guidance - Employment Tribunal awards for injury to feelings and psychiatric injury following De Souza v Vinci Construction (UK

For claims presented on or after the 6th April 2022 the Vento bands are said to attract the following compensation ranges - - Lower Band (applied in less serious cases) - £990 - £9,900; - Middle Band  (for cases not meriting an award in the upper band) - £9,900 - 29,600; - Upper...

WC v HC [2022] EWFC 22 - Financial Remedy directions reminder from Peel J - concise expositions of law - departure from equality based on needs (22.3.22)

Gary Fawcett (1975)

This case is of note because Peel J made some preliminary comments on preparation for trial, and then gave a good potted précis of the law in financial remedy proceedings.  In his preliminary comments he reminded practitioners of following the FPR and court directions:- ‘Para 2.5 of PD 27A mandates that s25...

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