No.18 Chambers News Page 3

Practice Guidance by the PFD: The use of Intermediaries, Lay Advocates and Cognitive Assessments in the Family Court

Introduction In any case in which an application is made for a cognitive assessment or for an intermediary or lay advocate assessment, there will be an expectation that the party making the application will have considered this Practice Guidance and be able to provide evidence and reasons in support of the...

This table compares the procedural rules (as attached) found in the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 with the provisions of the Employment Tribunal Procedure Rules 2024 found in SI 2024 No 1155. The statutory instrument was laid before Parliament on 6 December 2024 and will come...

Helen Moizer (2018)

Cohabitation, marital assets, and post-separation gifts in financial remedy proceedings. Case Background The parties married in 2007. The wife (W) asserted that they began cohabiting in 1993, while the husband (H) contended that cohabitation started in 2004. Both parties had children from previous marriages and two children together (‘ARC’ and ‘ARD’). W earned approximately £22,000 per annum, whereas H, a contractor, had...

Francis Payne (2014)

No.18 is delighted to announce that Francis Payne has taken an honorary appointment as a Barrister-in-Residence the University of Portsmouth. Francis was called to the Bar in 2014, and practises in the field of Family Law, with a particular expertise in Family Finance & Private Law Children. Francis will be responsible for...

Supervision Order v No Order

Gary Fawcett (1975)

Birmingham C C v S & L & 2 Children. DJ Parker 17.10.24 Although a DJ decision, it is illuminating on the approach as to whether an SO was necessary or not. The children were aged 6 and nearly 2. The court had made ICO’s, children remaining with M. The sole issue at...

Sara Chalk (2018)

Nottinghamshire County Council v The Mother & Ors (Police Bail) [2024] EWHC 666 (Fam) Those who deal with public law family cases will be familiar with cases relating to alleged non-accidental injuries to a child coming before the Court and the suspected perpetrators (often the parents) subject to bail conditions. Ordinarily these...

We would like to take this opportunity to thank you for your support in 2024 and wish you a Happy Christmas and a Prosperous New Year From all at No 18 Chambers...

We make this announcement with the authority of the President of the Family Division. On 11 December 2023, the President issued Guidance ahead of the launch of the Transparency Reporting Pilot For Financial Remedy Proceedings. The pilot scheme started on 29 January 2024 in Birmingham, Leeds and the Central Family Court. With...

The Family Justice Council (FJC) has published guidance for Family judiciary, and those working in the Family Justice System, on responding to allegations of alienating behaviour. The guidance, which is titled ‘Guidance on responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating...

Helen Moizer (2018)

Johnson GT Gettaxi (UK) Ltd [2024] EAT 162: In a recent decision, the Employment Appeal Tribunal (EAT) ruled that a black cab driver using the Gettaxi mobile application platform is not classified as a "worker" under the Employment Rights Act 1996 (ERA). This decision reflects the unique legal and regulatory framework...

Care proceedings and recusal

Gary Fawcett (1975)

In two care cases I have dealt with recently ‘recusal’ has cropped up.The first was at an IRH when a circuit judge gave ‘a very strong indication’ as they called it, and, after the matter failed to settle, recused themselves from presiding at the final hearing.The second was in the...

Helen Moizer (2018)

The Advisory, Conciliation and Arbitration Service (Acas) has issued new guidance on the Employment (Allocation of Tips) Act 2023, also known as the Tipping Act 2023, and its accompanying Code of Practice. This law regulates how employers must handle tips, service charges, and gratuities over which they have control or significant influence. Key points...

Family court reporting pilot extension to magistrates Over the past two years, the President of the Family Division, Sir Andrew McFarlane, has overseen a ‘Reporting Pilot’ to allow accredited journalists and legal bloggers to report on what they see and hear in children cases in the family courts. In January 2024, the pilot...

On 9th October Cafcass published a new Domestic Abuse Practice Policy. The policy sets out the practice requirements that Cafcass Family Court Advisers (FCAs) and Children’s Guardians must follow in protecting child and adult victims of domestic abuse when they advise the courts about the welfare of the child and the...

Thomas Wheddon (2022)

No.18 Chambers is delighted to announce that Thomas Wheddon (2002) has accepted an invitation to join Chambers on completion of his pupillage. Thomas joined chambers as a Tenant in October 2024. He completed his pupillage under the Supervision of Nigel Cholerton and Sara Chalk. Throughout his pupillage and in his Tenancy...

Helen Moizer (2018)

Rollett v British Airways [2024] EAT 131 Judgment on 15 August 2024 The Employment Appeal Tribunal (EAT) has ruled that a claimant can pursue an indirect discrimination claim even if they do not share the same protected characteristic as the disadvantaged group, provided they experience the same disadvantage. This decision arose from...

Helen Moizer (2018)

Kikwera-Akaka v Salvation Army Trading Company Ltd [2024] EAT 49 The Employment Appeal Tribunal has upheld the fair dismissal of a Claimant employed by the Salvation Army’s trading arm, which operates charity shops staffed by a mix of employees and volunteers. The Claimant, employed since 2016, had faced ongoing criticism for...

Sara Chalk (2018)

Application by Mother to reopen findings in care proceedings that were concluded in 2023, on the grounds that she was unable to attend court, due to the absence of an intermediary This case relates to an application by Mother to reopen findings in care proceedings that ere concluded in 2023, on...

Sarah Barber (2018)

This case concerned an application by a Father for summary return of the child to New Zealand. The application was heard by Peel J and the facts were that the family had decided to emigrate to New Zealand in February 2023 after living in England for 19 years. The Mother and...

Bite-Sized Law by Asher Shane

Asher Shane (2010)

Is it acceptable to use a ‘zonal exclusion’ in a non-molestation order to prohibit a respondent’s access to the family home, instead of making an occupation order? Well… that depends! The court can include an exclusion zone in a non-molestation order, prohibiting a respondent from entering a specific area or property (Re...

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