No.18 Chambers News Page 22

Negligence and Limitation in financial Remedy

Gary Fawcett (1975)

This negligence case investigates limitation in financial remedy proceedings, with W complaining about her solicitors (the ‘firm’) negligence. The district judge decided that W’s claim against the ‘firm’: so far as founded in contract, was time barred, after expiry of the six-year limitation period, see s.5 of the Limitation Act 1980, ...

Asher Shane (2010)

The Academy of Experts’ judicial committee, led by former Supreme Court judge Lord Saville, has produced guidance on the giving of remote evidence for expert witnesses. Although many expert witnesses will already have experienced giving evidence remotely via videolink, this is unlikely to have been in situations where some or all...

Updated Orders by Mr Justice Mostyn

Following the publication of the standard financial and enforcement orders by Mr Justice Mostyn in August 2019, there have been several updates. In order to assist financial remedy practitioners, please find below a link to the latest financial remedy and enforcement orders For those in children work, the up to date 29th...

Sarah Barber (2018)

A Mother, supported in her position by the Father and the Children’s Guardian, has successfully appealed an order that the children are removed from her care under pre-existing ICOs. The context of the proceedings were that the LA initially applied for removal of the children to foster care under ICOs, but...

Gary Fawcett (1975)

The Lord Chief Justice has issued an updated Practice Direction on committal for contempt of court in open court. Except in relation to proceedings for contempt of court to which part 81 of the Civil Procedure Rules 1998 apply, the Practice Direction applies to all proceedings for committal...

In a recent case, H had left the fmh, but continued to make certain payments to third parties. W claimed mps. H agreed to undertake to make certain payments to third parties and gave an undertaking to do the same. The issue of quantum of mps was determined by the...

Sarah Barber (2018)

In the recent case of Re Y (Children in Care: Change of Nationality) [2020] EWCA Civ 1038, the court considered the nature of the LA’s corporate PR to make decisions relating to children in care. Background The proceedings concerned 2 children of Indian nationality who were born in the UK. The children...

Sarah Barber (2018)

This landmark case furthered the decision of Pimlico Plumbers v Smith [2018] UKSC 29 in deciding when a Claimant is a ‘worker’ or an ‘employee’. The Claimant, Ms Gorman, a hairdresser at a Terence Paul salon in Manchester, brought an action against her former employers for holiday pay, notice pay and...

Sarah Barber (2018)

Practice guidance has been issued by Mrs Justice Theis (Acting President of the Family Division) on Service of Part 4 Family Law Act 1996 applications, orders and notification to the police. At the Family Procedure Rule Committees meeting in July 2020 they considered the issue of service arrangements for applications...

Re C and the dangers of remote hearings

Re C [2020] EWCA Civ 987 is a warning to practitioners and Judges alike. A hybrid hearing took place, where medical evidence was conducted by Zoom. The Appellant however gave evidence in the court building. During her second day of evidence, the Appellant stated she was unwell with back pain...

Civil Procedure (Amendment No. 4) (Coronavirus) Rules 2020 (coming into force on 23 August 2020) The Statutory Instrument is being published via the Legislation website at: The on-line rules/web site will also be updated accordingly. This follows The Civil Procedure (Amendment No.2) (Coronavirus) Rules 2020, which came into effect on 25...

Sarah Barber (2018)

The case of GC v A County Council and Ors [2020] EWCA Civ 848 concerned an application for care orders by a Local Authority in respect of a child who had suffered a suspected NAI. The injury was a small fracture and haematoma which the adult family members could not...

Last Month in the Legal Gazette one of the commentators was quoted as saying that ‘ Business as usual ‘for Personal Injury and Civil work is a ‘fairly distant prospect’. Whether this is still true after the latest announcement from Lord Chief Justice and Lord Justice Lindblom ( which details the...

James Vatcher (2006)

No.18 Are delighted to announce that James Vatcher appeared on South Today together with Eleanor Towsey of KJ Smith to discuss the impact of Covid 19 on the Family Courts. Click here to view a full copy of the interview by Sophia Seth....

Rachel Chapman (2017)

Coronavirus has continued to raise several questions in the context of Family Law. In particular, with children in separated families and also children in care. On 1 July 2020 the House of Commons Library published a useful report (‘the Report’) answering some of the most asked questions at the moment. The...

Sarah Barber (2018)

This is the latest reported case concerning an application to adjourn a final hearing in care proceedings due to the coronavirus pandemic. The father, who made the application to adjourn, required the assistance of an intermediary to engage in the proceedings. Facts The background of the case is that in October 2018,...

This rapid evidence review examines what is known about the implications of digital contact on the well-being of children who have been separated from their birth relatives. The review was commissioned following the implementation of social distancing measures to reduce the spread of COVID-19 in the UK in March 2020....

Cafcass have published two new protocols setting out their approach to returning to in-person work with children and families and using Cafcass offices during the Covid-19 pandemic . The protocol on their return to in person work with children and families explains that they will be using both remote video...

Damage Based Agreements: At No.18 we recognise that new methods of funding need to be found in order to bring claims. No.18 are delighted to offer Damage Based Agreements as a solution. We are committed to assess cases as to whether Damage Based Agreements are an appropriate recourse of funding for a...

Throughout the COVID-19 pandemic every possible effort has been made to offer continued access to justice whilst ensuring the safety of judges, magistrates, staff, and those attending court and tribunal buildings. The collective efforts of all those involved have allowed us to deal with a greater proportion of our caseload...

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