No.18 Chambers News Page 22

No.18’s Approach to Employment & Discrimination

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...

Gary Fawcett (1975)

There have been three recent cases on the treatment of pensions in financial remedy cases; one decided by HHJ Hess and two by HHJ Robinson. Although not Court of Appeal, it is interesting to see what was said. HHJ Hess is joint author of Pensions on Divorce and co-chair of...

Lockdown Solutions

No18 continues to be committed to providing the highest level of service, client care, advocacy and advice by ensuring that the needs, concerns and interests of clients are always paramount support by over 50 years of clerking expertise. Just in case you have missed them some of our initiatives over...

The latest updated version of the Remote Family Access Court has been published. Mr Justice MacDonald has highlighted the following updates in it: Hybrid Hearings are now covered in detail at para [3.2.3.1] and a Protocol for Hybrid Hearings is set out at Appendix 3 A new hybrid hearing template order has...

Hybrid hearings and Hybrid instructions

Following the latest reports and policy statements it is clear that the use of Hybrid hearings and actual attendance at court is only going to get greater in the coming months. As the legal market continues to adapt to this new world clients are also evolving and want to make...

Sarah Barber (2018)

This case concerns an appeal against a case management decision in care proceedings whereby the lower court refused an application by a parent with a learning disability for an intermediary assessment and for the appointment of an intermediary. In what is seemingly the first reported appeal against a case management decision...

Though I cannot profess to have written the attached document (see attached), I thought it might be of use to share. This guide has been produced by the FLBA working group in order to assist represented parents when they are attending a remote court hearing whether on-line or by telephone....

This week has seen the Public law Working Group publish the final report on special guardianship orders (click here to view the reoprt) .The President of the family division commented ; ‘Since its addition to the canon of orders that are available to the Family Court in 2005, the role of...

General Guidance on pdf bundles

The guidance has been provided by Sir Andrew McFarlane (President of the Family Division) (click here to view guidance) , Lady Justice Thirlwall (Senior Presiding Judge) & Mr Justice Mann (Judge in charge of Live Services) in order to achieve a level of useful consistency in the provision of PDF...

The President of the Family Division has made two amendments to his Guidance on Allocation and Gatekeeping for Care, Supervision and other Proceedings under Part IV of the Children Act 1989 (Public Law) 2014. These changes are unrelated, one has been made via an addendum and the other through re-issuing the...

Sarah Barber (2018)

The Judgment of the Court of Appeal in Re C (Children: Covid-19: Representation) [2020] EWCA Civ 734 (available here), considers an appeal by a mother against the decision of Williams J ([2020] EWHC 1233 (Fam)) to list a Fact Finding Hearing in care proceedings for a ‘hybrid hearing’. In his leading...

Following the latest report by Sir Andrew McFarlane (as attached and helpfully summarised by Sarah Barber) , the update from HMCTS opening a further 16 courts this week, the policy position of Cafcass (a report of which can be accessed clicking on the attached hyperlink) together with the various Judgements...

Sarah Barber (2018)

The latest report from MacFarlane J addresses the way forward in light of what is now expected to be significant social distancing measures remaining in place in the court systems in England and Wales until the end of 2020 or even Spring 2021. In this report, the PFD draws on the...

Barnaby Large (2007)

On Friday 29th May 2020 the Chancellor's announcement sought to add flesh to the bones of the Government's extension to the Coronavirus Job Retention Scheme, the extension from the initial cessation of support at the end of May being first set out in the Treasury's Direction on 22nd May 2020,...

Rachel Chapman (2017)

This week, Mr Justice Mostyn, in agreement with the President of the Family Division, has amended, revised and re-issued standard order numbers 1.1, 1.2 (Orders in relation to Financial Directions), 2.1 (Financial Remedy Orders) and 2.2 (Orders under Children Act 1989, Schedule 1) of the Standard Financial and Enforcement Orders. The...

On 1st June 2020 CAFCASS issued its policy position on CAFCASS Officers attendance at court. This policy document outlines the steps to keep CAFCASS FCAs safe during the pandemic. Lee Young – barrister at No. 18 Chambers asks the rhetorical question: Could this policy or some of it assist all family...

Sarah Barber (2018)

The ‘Committee Stage’ of the Draft Domestic Abuse Bill (found here - is due to complete later this month, with the Committee’s report scheduled to be published on 25th June 2020. The Bill will be subject to scrutiny by MPs during the Committee Stage and amendments to the Bill as...

Sarah Barber (2018)

The guidance published on 13th May 2020, found here ( outlines the entitlement of furloughed workers to take annual leave, and employers’ duties regarding annual leave entitlement during the coronavirus crisis. For employers, the government has clarified that: - They can require workers to take annual leave provided they give notice of...

Barnaby Large (2007)

Is an employee's length of service relevant to the question of whether they have been wrongfully dismissed? No, held the EAT in East Coast Main Line Company Ltd v Cameron. The Claimant had been employed by the Respondent since 1981, most recently in the role of shunter. In...

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