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CB v EB [2020] EWFC 72 Mostyn J : Financial Remedy - Scope of s31(F)6 Matrimonial and Family Act 1984 & FPR PD9A - Varying, setting aside final financial remedy orders.

Gary Fawcett (1975)

In this case Mostyn J robustly clarifies an area of law that had become bogged down and confusing for many years. The brief facts are the court made a financial remedy order in 2010 reflecting in its recital a broadly equal division of capital, which included a property portfolio after a...

Laura Baines (2007)

This was a judgment handed down by MacDonald J following a Fact-Finding Hearing to consider how S suffered a hypoxic head injury when nearly 3 months old in early June 2019. The judgment was a long and detailed one and full reading is recommended. However, a summary is set out...

Ministry of Justice Statistics set out the impact of Covid-19 on family court activity The latest statistics show the substantial effect Covid-19 has had on family court activity between April and June 2020. For example, the number of domestic violence remedy order applications increased by 24% compared to the same...

Laura Baines (2007)

In summary the Court of Appeal dismissed the appeal from a decision placing the father and a family friend in the pool of potential perpetrators of non-accidental injuries to the child. This was an appeal from findings of fact that were made at a rehearing of care proceedings. When an application is...

No18 Chambers Christmas Appeal

We know it’s a challenging time for everyone at the moment as the coronavirus pandemic continues to unfold. The lives of hundreds of people in our area have been disrupted and are now experiencing job insecurity, illness and isolation. Food banks who are the grassroots community organisations aimed at supporting...

The Master of the Rolls and the Courts Minister have signed the 125th Practice Direction Update to provide for further functionalities within the Online Civil Money Claims (OCMC) Pilot, PD51R. The PD is effective immediately i.e. from 11am, 16th November 2020. The pilot PD 51R currently runs until 30 November 2021. The...

A report by the Family Solutions Group, entitled What about me?: Reframing Support for Families following Parental Separation, has been published. President of the Family Division, Sir Andrew McFarlane, said: “This report brings together the various lines of thinking of recent years aimed at finding a better way to achieve...

T and J (Children) [2020] EWCA Civ 1344

Laura Baines (2007)

This was an appeal brought by a mother against findings made in care proceedings concerning her two sons, T now aged rising 7 and J now 4. On 1st July 2018 J was admitted to hospital with a range of injuries including bruises to his forehead, face, ear, chest, abdomen and...

Sarah Barber (2018)

That’s right, the case of A (A Child) [2020] EWCA Civ 1230 is a case concerning a fairly rare factual matrix where it was alleged that the father of A had poisoned the child’s maternal grandparents and the child’s mother. The private law proceedings in respect of the Father’s contact with...

Laura Baines (2007)

In 2018 the Mother commenced proceedings under Schedule 1 to the Children Act 1989. The parties agreed a consent order concluding those proceedings on 11th December 2018. In summary the order recorded the parties’ agreement that the Father would make a housing fund of £2.75 million available for the purchase...

The President of the Family Division, Sir Andrew McFarlane, has today published the Safety from Domestic Abuse and Special Measures in Remote and Hybrid Hearings report. It can be read below. Sir Andrew said: “I am pleased to be publishing this important guidance on the need to protect victims of Domestic...

Yesterday HMCTS published their recovery plan for Civil & Family Courts & Tribunals. As we know during pandemic they introduced measures throughout our courts & tribunals to increase capacity & maintain operations. This plan details their progress & sets out how they will continue to deliver our services. It details...

Barnaby Large (2007)

Barnaby Large has been published in relation to successfully resisting all but a minimal award arising from an unclear commission scheme in a high value wages claim turning on the interpretation of ‘gross’ and ‘margin’ – Below are the reserved Judgement and brief reasons, however , to read the full decision...

The Ministry of Housing, Communities and Local Government has published new guidance for councils to help ensure care leavers have the stable homes they need, and prevent them from becoming homeless. The guidance recommends how council housing departments and children's services should produce a joint protocol that sets out how...

With the news of a second national lockdown a matter of days away, it is important for all family law practitioners to reflect upon the measures that have been put in place to ensure the safety of all court users and also to ensure that the most urgent of children...

“Subject to the Prime Ministers confirmation this afternoon of the intention of the Government to introduce regulations that place England back into “lockdown”, it has been confirmed that the work of the courts and tribunals will continue to be exempted from these measures. As we are aware between March and...

Rachel Chapman (2017)

This was an appeal by the Father against an order made in April 2020 which allowed the Mother to relocate to Hong Kong with the parties’ two children. As a short background, parties moved to the UK in 2016. In July 2019, following an argument between the parties, the Father made...

Gary Fawcett (1975)

This was a 25 year marriage with two children. The assets totalled £16m, and the costs were in excess of £1m. W raised conduct against H, in particular non disclosure of assets, and forming a (secret) competitor company to devalue the parties company. After the pretrial review, W took an...

Asher Shane (2010)

In July 2020 the Family Court heard C (Children: Welfare)(No.2) [2020] EWFC B36, a Public Law case concerning the welfare of two children aged 12 and 10 years, one of whom had complex care needs. Their mother, who was also diagnosed with ASD, wanted to put forward alternative Care Plans. In...

Barnaby Large (2007), Ian Wheaton (2002), , Laura Baines (2007), , Nigel Cholerton (2007)

No.18 Chambers are delighted to announce we have increased our recognition for the fifth year running in the annual Legal 500 rankings. The Legal 500 assesses law firms throughout the country and this year No.18 Chambers have been named as one of the recommended sets on the Western Circuit for...

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