No.18 Chambers News Page 16

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....

PAP Update: PRE-ACTION PROTOCOL FOR PERSONAL INJURY CLAIMS BELOW THE SMALL CLAIMS LIMIT IN ROAD TRAFFIC ACCIDENTS The Master of the Rolls as Head of Civil Justice has approved amendments to the Pre-Action Protocol for Personal Injury Claims Below the Small Claims Limit in Road Traffic Accidents (“the Protocol”). PAP Update The Protocol...

The Statutory Instrument is being published via the Legislation website at: The on-line rules/web site will also be updated accordingly. Civil Procedure (Amendment No.3) Rules 2021 (enter into force no later than 31 May 2021). The SI contains rule amendments in respect of: Amendment to rule 6 of the Civil Procedure (Amendment No....

The Master of the Rolls and the Courts Minister have signed the 130th Practice Direction Update to make technical changes to the operation of the Online Civil Money Claims (OCMC) Pilot, PD51R and the County Court Online Pilot Scheme, PD51S. The PD is effective from 11am, 24 May 2021. A copy of the...

The following changes came into force on 3 May 2021: Practice Direction : 36U Modifies existing rules to clarify that a court can order service of an application or order under Part 4 Family Law Act 1996 by a means other than personal service. The following changes come into force on 24 May...

Sarah Barber (2018)

In the case of D v E (Termination of Parental Responsibility) [2021] EWFC 37 (full judgment available here: the court was concerned with three applications by the Mother, namely, an application for a Child Arrangements Order, an application for a Specific Issue Order to change the child’s surname, and...

The case came before the court following injuries to M which prompted care proceedings being issued. It was identified by the LA that Mother, Father, Maternal Grandparents and Maternal Aunt were in the pool of perpetrators for the injuries, each of them having had unsupervised care of M at the...

LM v DM [2021] EWFC 28

Gary Fawcett (1975)

(Financial Remedy - Ruling on costs after contested hearing for maintenance pending suit, interim periodical payments for the children, (and for a legal services payment order - not relevant to this article). The short judgement by Mostyn J emphasises the following points:- the applications before the courts were interim applications the no-order-for-costs general...

Gary Fawcett (1975)

Ordinarily, an application for financial remedy would proceed in accordance with FPR 9.15, in which the court would order an in-court FDR pursuant to FPR 9.15(4), and that fixture could only be broken by another court order or by the parties agreement, subject to a court order. In this case the...

Pilot Practice Direction 36W brings in new provision for communicating forced marriage and female genital mutilation protection orders to the police. It came into force on 26 April 2021. Details Practice Direction 36W (Pilot Scheme: Procedure for notification of certain protection orders to the police by email) comes into effect on 26...

Sarah Barber (2018)

No.18 Chambers is delighted to welcome back from maternity leave Sarah Barber. Sarah specialises in Family (Care, Private law children & Finance) & Employment . Sarah regularly representing Applicants, Respondents and intervenors in private family law matters, and acting for all parties in relation to care proceedings including, parents, Local Authorities,...

Gary Fawcett (1975)

This article is concerned with W applying for a declaration under the court's inherent jurisdiction that a decree nisi was granted on 25 January 2019 and that the same should now be recorded on the court file; there being financial remedy proceedings being put into the mixer. W’s appeal was...

Theo Huckle KC (1985 | KC: 2011)

The recent judgment of Mann J. in Various Claimants v G4S Plc [2021] EWHC 524 (Ch) (“G4S”) has attracted a great deal of interest, in particular as to two aspects of the judge’s findings concerning amendment of the claim form pre-issue (CPR17.1). It is a long and detailed judgment on...

According to a survey carried out by Nuffield Family Justice Observatory, nine out of ten professionals think standalone supervision orders should continue to be an option in care proceedings. A key reason given for this was the need for a proportionate order between a care order and no order when...

BASW England has published new guidance for child and family social workers supporting victim-survivors of domestic abuse. The pandemic has seen a 61 per cent increase in calls and contacts, according to Refuge. BASW England notes that the increased demand for support coincides with severe cuts to domestic abuse services,...

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