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News Articles From No.18 Chambers

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...

Family Law Week :Financial Remedies News Round up

The Ministry of Justice has published an information pack and draft court forms before the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) comes into effect on 6 April 2022 The information pack outlines the reforms to divorce law introduced by the DDSA 2020. The pack also sets out...

Maintenance pending suit, reminder of principles and Peel J, and amendment of standard orders

Gary Fawcett (1975)

This article brings news that Peel J will be the national lead judge for the Financial Remedies Court and the judge-in-charge of standard family orders with effect from 26 April 2022 and refers to his recent decision in MG v GM 2022 EWFC 8.  A refreshingly short judgement of 57...

Only a matter of time! – Covid vaccination of 12-year-old in Local Authority care approved by the court despite Mother’s objection

Sarah Barber (2018)

If you haven’t seen my previous articles on this topic, you can access them here: Covid Vaccines – will we have more disagreements about vaccinations in family law? & More on vaccinations – the decision in Re K. To complete the trilogy, we do now have an answer from the...

A Useful Brief Guide from the Family Law Week to the New No Fault Divorce Rules and Procedure

The Divorce Dissolution and Separation Act 2020 received royal assent on 25 June 2020 and the relevant sections in relation to no fault divorce come into force on 6 April 2022. The rules are set out in the Family Procedure (Amendment) Rules 2022. It is important to note that...

Mr Justice Mostyn: amendments to standard orders

Today, the Guidance from the President’s Office “Liaison between Courts in England and Wales and British Embassies and High Commissions Abroad” has been issued. It has been placed on the judiciary website: click here (opens in a new tab) to read it. The Guidance appends specimen clauses which may be included in orders to be...

Nuffield Family Justice Observatory publishes strategy for 2022-26

Nuffield Family Justice Observatory (Nuffield FJO) has published its strategy for 2022 to 2026. It says: "During our first three years we have talked to children and families, professionals working in and with the court, government, academics and more. Together with the published evidence, these conversations paint a picture...

A View from The President’s Chambers: March 2022

Make Every Hearing Count’ Case Management Guidance in Public Law Children Cases: March 2022  - please click here for more...

Onuoha v Croydon Health Services NHS Trust: Unfair Dismissal, Discrimination, Breach of Human Rights, and more!

Sarah Barber (2018)

This recent decision of EJ Dyal from October 2021 concerned whether the Claimant, a Christian nurse employed by the Respondent, was constructively unfairly dismissed for refusing to take off her crucifix necklace. Evidently, the wearing of a crucifix necklace or any other piece of religious clothing/item does not amount to one...

President’s Memorandum: Guidance On E-Bundles For Use In The Family Court And Family Division

This memorandum is to be read with the general guidance on electronic bundles for all courts issued on 29 November 2021 and the supplementary guidance issued on 21 December 2021. The working group referred to in paragraph 4(a) of the guidance given by me on 21 December 2021 has undertaken considerable...

Amendments to standard orders : Financial

On 6 April 2022 the Divorce Dissolution and Separation Act 2020 comes into force. Among many other things, this makes changes to the terminology used in divorce, dissolution, nullity and separation proceedings so that, for example, a petition is replaced by an application, a decree nisi by a conditional divorce...

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