No.18 Chambers News Page 19

Hussain [2021] EWFC 13 : Notice of appeal filed 14 months after final financial order - leave to appeal granted

Gary Fawcett (1975)

HHJ Hess made a final financial remedy order in January 2018. H did not file a form E and played no part in proceedings. The court therefore relied on the evidence of W. W stated the marital home was worth £250,000, with a mortgage of £100,000; that being the only asset...

“It is almost a year since the courts started to hear more cases remotely as a consequence of the COVID-19 pandemic. This has enabled us to keep people safe whilst continuing to administer justice. At the start of the year as we went once more into lockdown in the face...

Re B (Supervision Order) [2021] EWFC B8

Rachel Chapman (2017)

This case relates to ‘B’, who, at the time of the final hearing, was almost 10 months old. The Local Authority issued proceedings at B’s birth, and he was removed from his parents and placed in foster care, when he was only a few days old and discharged from hospital. Both...

Barnaby Large (2007)

The Government has laid before Parliament 'The Employment Rights Act 1996 (Protection from Detriment in Health & Safety Cases) (Amendment) Order 2021' which will confer the right not to suffer detriment for specified health and safety reasons under s.44 Employment Rights Act 1996 to workers as well as employees. The Order...

These regulations, which come into force on 30th March 2021, have been made "in order to continue to assist the children's social care sector during the coronavirus pandemic". Regulation 2(2) amends Her Majesty's Chief Inspector of Education, Children's Services and Skills (Fees and Frequency of Inspections) (Children's Homes etc) Regulations...

Gary Fawcett (1975)

This short article deals mainly with capitalisation of child maintenance (commutation), but other topics are dealt with in the judgement see footnote[1] below. The parties had been married for 15 years. They had one child M, now 19, at University but living with M out of term time. In June 2011, the...

Sarah Barber (2018)

The plethora of legal decisions dealing with the issue of routine vaccinations in children is by no means complete. I recently considered the issue of vaccination in the context of potential Covid-19 vaccinations of children (see here), however even in respect of the ‘routine childhood vaccinations’, the court is still...

Gary Fawcett (1975)

Trying to compress a 29,000 word[1] judgement into a soundbite article is like … well, I’ll leave you to fill in the blanks lol. This was a long marriage (33 years) to which both parties made a full contribution. H being 66 and W 60. To add a bit of chilli to...

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...

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