No.18 Chambers News Page 16

Should a Declaration of Parentage be made after a child has been adopted?

Sarah Barber (2018)

That was the question which faced the High Court in June 2021 after a Father, Mr H, applied for such a declaration in the case of H v An Adoption Agency [2021] EWHC 1943 (Fam). MacDonald J decided in September 2020 that the High Court does have jurisdiction pursuant to s.55A(1)...

Gary Fawcett (1975)

Inherited wealth by H during marriage - W with life shortening illness - clean break or not - needs. This case attracted my attention because:- of the succinct way that the judge recites the law on financial remedy briefly citing circa 20 decided cases. Paragraphs 76 to 112 are worth reading if...

AA v BB [2021] EWHC 1822 (Fam)

Francis Payne (2014)

This case is an important reminder of the guidance given by the Court of Appeal in Re H-N, Re T, Re H and Re B-B [2021] EWCA Civ 448 in relation to the case management of Fact-Finding (‘FF’) hearings in Children Act (‘CA’) proceedings. Facts A 2-day FF hearing was listed in...

SB v M [2021] EWFC 49 (11 June 2021)

Laura Baines (2007)

Application by a Mother for permission to relocate to a country in Africa with the parties’ son, N aged 12. The Father opposed the application and if permission was refused he applied for a shared care arrangement in this country. By order by consent in 2016 the Father had contact with...

These Regulations amend the Marriages and Civil Partnerships (Approved Premises) Regulations 2005, which make provision for the approval of premises for the solemnization of civil marriages and the formation of civil partnerships. The amendments made by these Regulations will enable proceedings to take place in outdoor areas in the grounds...

Mr Justice Mostyn: Standard orders

On 25 June 2021 judgment was handed down in A v B [2021] EWHC 1716 (Fam). The High Court ruled that the Family Court had jurisdiction to make a free-standing order for a port alert. A pro forma order, named Port Alert Order was attached to the judgment. This has been added to volume...

The recent matter of Re L (A Child: Step-Parent Adoption) [2021] EWCA Civ 801 concerned an appeal by a child’s natural father against an adoption order which had been made in favour of the child’s step-father (the mother’s partner, though not yet married). Factual Background The child, L, was born in 2009....

A (domestic abuse: incorrect principles applied) [2021] EWFC B30 - Family practitioners beware – do not take basic principles for granted. This case is an important reminder to practitioners doing family work (especially those involved in CA and FLA proceedings) to keep in mind basic principles; sometimes the court needs...

These Regulations, which come into force on 29th June 2021, extend the period under the Domestic Abuse Act 2021 within which the Secretary of State must review and report to Parliament on the processing of domestic abuse data carried out by specified public authorities for immigration purposes....

These Regulations, which come into force on 12th July 2021, amend the Child Support (Collection and Enforcement) Regulations 1992. The prescribed forms for use in England and Wales by magistrates' courts when making a liability order, a warrant of commitment, disqualification from holding or obtaining a driving licence, and disqualification from...

Francis Payne (2014)

This recent decision of the High Court deals with whether permission should be granted to publish a substantive judgment in financial proceedings when an interim reporting restriction (RRO) had previously been made within proceedings. Facts Lady Hiroko Barclay (W) brought an application for financial remedy orders against Sir Frederick Barclay (H)....

Barnaby Large (2007)

On 24th June 2021, the Court of Appeal handed down judgment in The Independent Workers Union of Great Britain v The Central Arbitration Committee, yet another significant case considering the ‘gig’ economy. The Independent Workers Union of Great Britain (‘IWGB’) applied under the compulsory recognition procedure in Schedule A1 of the...

Rachel Chapman (2017)

M (Children: Applications By Email) [2020] EWCA Civ 806 This was a case management appeal following a case management decision made via email. Such appeal was allowed by the Court of Appeal. In terms of background, the Local Authority had issued proceedings in September 2020. The 4 children who these proceedings concerned...

Rachel Chapman (2017)

This was a case management appeal following a case management decision made via email. Such appeal was allowed by the Court of Appeal. In terms of background, the Local Authority had issued proceedings in September 2020. The 4 children who these proceedings concerned had not been living with the Mother for...

FACT OR FICTION?

Theo Huckle KC (1985 | KC: 2011)

Theo Huckle on the courts’ approach to the reliability of oral witness evidence On 6 April this year, a new practice direction (PD57A) concerning certification of trial witness statements and extended statements of truth came into force, based in large part on Gestmin v Credit Suisse [2013] EWCA 3560 (Comm). This...

Richard Carroll (2006)

No.18 Chambers is delighted to announce that Richard Carroll (2006) has accepted an invitation to join Chambers. Richard had previously had a general common law practice before specialing more specifically in his core areas. He has a busy and robust care practice with a focus upon non-accidental injury cases and representing...

Gary Fawcett (1975)

It is rare that a case is reported when the judge is a deputy district judge, and it is equally rare when a court considers whether a nominal periodical payments (pp’s) order should be activated into a substantial order. The latter was the issue in AJC v PJP (9th January 2021)...

Here at No18 we have collated the links to access a full copy of both the Family Procedure Rules and the Civil Procedure Rules in order to assist. Please click on the links below where you will find them available in via HMCTS (these links are also available on the...

The Family Court (Composition and Distribution of Business) (Amendment) Rules 2021 were laid before Parliament on 26 April 2021 and came into force on the 24th May 2021. These Rules amend the Family Court (Composition and Distribution of Business) Rules 2014. The 2021 Rules can be found at The Family Court (Composition...

The Chancellor of the High Court has issued a practice note confirming the process to be followed in some instances in Business in Property Courts cases for witnesses giving evidence by video-link or other remote means from a foreign jurisdiction. The practice note can be read attached....

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