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News Articles From No.18 Chambers

Withdrawal of medical treatment from a child

Sarah Barber (2018)

Withdrawal of medical treatment has been an issue in the news recently, with the incredibly sad case of Archie Battersbee being heard in the Supreme Court and the subsequent ruling that his life support machine should be turned off. This case however involves a younger child, J, and her identity, as...

Goodyear (H) v Executors of the Estate of Heather Goodyear (deceased) (W) [2022]

Gary Fawcett (1975)

In accordance with first tier judges publishing some of their case decisions, this decision by HHJ Farquhar is a useful guide in a lower asset case (although higher than many cases we deal with. The parties married in 1979 and separated in 2017. A FR consent order in January 2021 provided for...

Progress Update: Sarah Barber has raised over £200 for the Alzheimer’s Society

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. So far, Sarah has raised over £200 in donations to support her in readiness for the challenge! With just over a week to go, training has been ramping up...

Local Practice Guidance - Cognitive assessments and intermediaries

Local Practice Guidance (Portsmouth county court) Please click here for the guidance re cognitive assessments and intermediaries sent out by HHJ Black yestarday...

An NHS Trust v ST - Refusal of a Deprivation of Liberty (DOLS) Order for a 14-year-old child

Sarah Barber (2018)

The matter of An NHS Trust v ST [2022] EWHC 719 (Fam), came before the MacDonald J in the High Court on 24th March 2022, with the NHS Trust applying for a DOLS Order in respect of a 14-year-old child, ST. Background ST was known to Manchester Children’s Services and had an...

X v Y [2022] EWFC 95 (15 August 2022) HHJ Hess.

Gary Fawcett (1975)

Adjournment of capital claims for 10 years.  Discussion of principles.  No assets. H, 50 was an LIP, W was 40, and represented.  It was a 20 year marriage that produced two children, cared for by W but both were ill with ME. H had been tardy in disclosure and had not obeyed...

The Chancery Guide 2022

The 2022 edition of the Chancery Guide is published and comes into force on the 29th July 2022. The Practice Note of the Chancellor of the High Court, also published today, gives effect to the Guide. Apart from the Practice Notes and Directions listed in the Schedule attached to that Practice Note,...

Just in case you missed it : (Short) View from the Presidents Chambers – July 2022

“1. This shortened View is to acknowledge the continued contribution of all who work in the Family Court, secondly, it is intended to alert readers to the introduction of important provisions as a result of implementation of the Domestic Abuse Act 2021 [‘DAA 2021’]. A fuller “View” will be published...

IR v OR [2022] EWFC 20 - Pre-marital wealth, - validity of pre-nup - up to £184m assets - valuation of business.

Gary Fawcett (1975)

The parties cohabited in 1996, married in 1997, separated in 2019.  They had 5 children (now 9 to mid 20’s). The parties entered into a prenup of which only a draft copy could be produced, it did not provide for the reasonable needs of W, who on marriage had little assets. H...

What’s in the news : Just in case you missed it

Family Statistics Quarterly: January to March 2022 Every quarter statistics are published regarding the volume of family cases, with the statistics broken down into the types of cases involved. This quarter shows a decrease in the number of financial remedy applications made, with the applications being 16% down...

Appeal Against Placement Order for child with additional needs - CV (A CHILD) (PLACEMENT ORDER) [2022] EWCA Civ 930

Sarah Barber (2018)

The case of CV (A Child) concerned a 3-year-old girl, C, who required a particular level of care as a result of a number of medical conditions. A final order was made in care proceedings that C should be placed for adoption, however, at the time of the final order...

Points of clarification: Are they material? Are they genuine?

Sarah Barber (2018)

The matter of F and G (Children) (Sexual Abuse Allegations) [2022] EWCA Civ 1002 was heard in the Court of Appeal on 13th July 2022, when an intervenor in care proceedings, D, appealed against findings that he had sexually abused the five-year-old daughter of his former partner, F. Background The allegations in...

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,...

Financial Remedies Court Notice

Attached is an amended document titled “Overall Structure of the Financial Remedies Court and the Role and Function of the Lead Judge”. This document represents one of the constitutional documents of the Financial Remedies Court. The amendments are new paras 12(iii) and (iv) which appear between 12 (ii) and old 12(iii)....

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...

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