No.18 Chambers News Page 18

Covid and Barder : FRB v DCA (No 2) [2020]

Gary Fawcett (1975)

FRB v DCA (No 2) [2020] EWHC 754 (Fam), Covid and Barder, variation of lump sum by instalments, interest, costs. Following a final order, there are very narrow grounds upon which Barder events permit a re-opening of the capital aspects. Is covid one of them? The finality of litigation being a...

CPR Amendments – 25 February 2021 Update 128th Practice Direction Update to the Civil Procedure Rules (OCMC PD 51R) The Master of the Rolls and the Courts Minister have signed the 128th Practice Direction Update to provide for further functionalities within the Online Civil Money Claims (OCMC) Pilot, PD51R. The PD is...

Civil Procedure (Amendment No. 2) Rules 2021 enters into force on 31 May 2021 The Statutory Instrument is published via the Legislation website at: The on-line rules/web site will also be updated accordingly. This SI contains rule changes in respect of: The small claims track limit– rule 26.6 is amended to increase the small...

The Financial Remedies Courts (FRC) pilot project has now been completed. This project had its origins in a paper published in November 2016 and was formally initiated as a pilot project by his predecessor in January 2018. The first pilot zone, the West Midlands, started work in April 2018. The pilot project...

Sarah Barber (2018)

This appeal was brought by the LA and Children’s Guardian in respect of two children aged 3 and 2, who were the youngest of six children of the Mother and Father, the oldest being only 7 years old. The family were part of the traveller community, and it was a central...

John Franklin (2016)

In a judgment handed down on 4 February 2021, the EAT dismissed an appeal brought by Allay (UK) Ltd in Allay (UK) Limited v Gehlen UKEAT/0031/20/AT. The case concerned the vicarious liability of the Allay (UK) Ltd for racial abuse of the Claimant by another employee and involved consideration pf...

Children in care under 16 will no longer be allowed to be accommodated in unregulated independent or semi-independent placements, helping to ensure the most vulnerable are cared for in settings that best meet their needs. Regulations have been laid in Parliament for the ban to come into force in September,...

Gary Fawcett (1975)

The Family court made a consent final order (28/9/16) in financial remedy proceedings, providing for the sale of the marital home in H’s sole name, which the parties expected to sell quickly. The order also provided:- that W was to pay the outgoings, but was silent about who should occupy it that H...

Sarah Barber (2018)

The welcome news of vaccines has given many of us hope that we will soon be out of lockdown and back to a more normal way of living and working following the Coronavirus pandemic striking last year. At present, Coronavirus vaccines are not available to children under the age of 16,...

Here at No18 we have collated all the draft template orders in respect of the Care , Private Children, Domestic Abuse & Family Finance in order to assist. Please click on the links below where you will find them available in word format. (these links are also available on the...

Civil Procedure (Amendment) Rules 2021

The Civil Procedure (Amendment) Rules 2021, which come into force on 6 April 2021, amend the Civil Procedure Rules 1998 by— amending Part 1 (the overriding objective) to make it clear that dealing with a case justly includes ensuring, so far as practicable, that the parties can participate fully and that...

The Civil Procedure Rule Committee has approved new Practice Direction PD57AC which seeks to promote and enforce best practice on the preparation of witness statements. The PD will apply to witness statements for use at trials in the Business and Property Courts, specifically to claims issued after 6 April 2021 or...

Rachel Chapman (2017)

This case involved E, who is nearly 16 years old. E lived with both parents and her siblings. The family were known to the Local Authority since 2017 due to alleged domestic abuse between the parents. When E started secondary school, she presented with selective mutism. On 2 March 2020, E...

To all Financial Remedies Practitioners Financial Remedies Courts now no longer 'pilot schemes' The Financial Remedies Courts (FRCs) are now up and running in 18 zones in all parts of England and Wales. The President of the Family Division has confirmed that the FRCs should no longer be regarded as pilot schemes,...

Barnaby Large (2007)

“A person is not to be treated as unable to make a decision merely because he makes an unwise decision”: The Interplay of Capacity & Vulnerability in Financial Provision Does the presence of an unwise decision by someone suffering from an impairment, vulnerability and susceptibility to influence render them lacking in...

Barnaby Large (2007)

Barnaby has accepted a role as Case Editor to the well know employment law practitioners' text Harvey on Industrial Relations and Employment Law assigned to division DI (Unfair Dismissal) and in particular their remedies section. Barnaby will continue the role alongside his practice and feels both will compliment one another....

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) Rules 2021 enter into force 06 April 2021. This SI contains rule changes in respect of: Vulnerable witnesses: amends the CPR’s Overriding Objective, following the recommendation in the report by...

Gary Fawcett (1975)

I have had to simplify the facts to present a short article. W made an application for financial remedy. The parties ran a shipping business. There has already been one reported case between these parties, and there were seven respondents, so you get the flavour. W made preliminary applications to determine the...

This case explored the concept of ‘critical analysis’, of the wife's income needs, distinguishing between levels of income/low/high value cases and ‘immediate needs’. W was granted maintenance pending suit (mps) by the DDJ. H succeeded on getting the order dismissed on appeal to the Circuit Judge because the DDJ’s financial analysis was...

Amelia King (2016)

This judgment warns of the possibility of criticisms and sanctions being imposed should unnecessary private law children applications be made. The judgment follows a successful appeal in the Family Court at Bristol against an order made by a legal adviser, acting under powers delegated to her by Practice Direction 2C and...

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