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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...

Amendments to Family Procedure Rules

Amendments to paragraph 1.4 and 11.1 of Practice Direction 36N, to add provision for a legal representative of a respondent to use the online system for contested financial remedy applications and remove references to Maintenance Pending Suit applications, came into force on 18 December 2020. The remainder of the amendments come...

CPR Amendments – 21st DECEMBER 2020 Update 126th Practice Direction Update to the Civil Procedure Rules (BREXIT) The Master of the Rolls and the Parliamentary Under-Secretary of State have signed the 126th Practice Direction (PD) Update. The 126th PD Update click here, PD Update (the 107th) which makes amendments to various PDs in...

A working group of the Civil Justice Council, chaired by Nicola Critchley, has concluded its work on low value personal injury claims and today publishes its final report. The group’s chair, Nicola Critchley said: “I am grateful for the hard work that has gone into the preparation of this comprehensive report...

Cafcass has issued a statement in relation to the latest covid restrictions . Click here to read in full....

The Lord Chief Justice has issued a statement in relation to the latest covid restrictions . It can be read in full as below; ‘We have now entered lockdown for the third time. The courts and tribunals must continue to function. The position remains that attendance in person where necessary is...

The President of the Family Division, Sir Andrew McFarlane, has just released the updated document: The Family Court and COVID-19 – the Road Ahead 2021- click here for more information...

Theo Huckle KC (1985 | KC: 2011)

No.18 Chambers is delighted to announce that leading Complex Injury silk Theo Huckle QC (Call 1985; QC 2011) has accepted an invitation to join Chambers. Theo specialises in Complex and Catastrophic Personal Injury, Clinical Negligence, Industrial Disease and Product Liability work. For full details of his background and practice, see...

We would like to take this opportunity to thank you for your support in 2020 and wish you a Happy Christmas and a Prosperous New Year....

Laura Baines (2007)

The appeal arises from a fact-finding hearing within care proceedings. In terms of background the main issue in the proceedings was how A (a girl then aged 2) came by a subgaleal haematoma (bleeding between the scalp and the skull). The local authority alleged that it was an injury inflicted by...

On 12 November 2019 the Office of the President of the Family Division issued on my behalf new Practice Guidance to explain the registration and regulation structure applicable in England and, separately, in Wales for residential care facilities for children and young people: Practice Guidance: Placements in unregistered children’s homes...

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