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News Articles From No.18 Chambers

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...

New Acas Guidance on the Employment (Allocation of Tips) Act 2023

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...

Extensions to family court transparency pilots

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...

Cafcass publishes new Domestic Abuse Practice Policy

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...

No.18 Chambers Welcomes Thomas Wheddon (2022) as a Tenant

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...

EAT Ruling Extends Indirect Discrimination Claims to Claimants Without Particular Protected Characteristics

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...

Tribunal Confirms Fair Dismissal for Poor Performance: Similarities and Differences Between Capability and Misconduct Dismissals

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...

S v Birmingham City Council & Ors [2024] EWFC 244 (B) (24 April 2024)

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...

Mental Health and ‘Grave Risk of Harm’ to a Child in International Relocation Cases: F v M [2024] EWHC 1887 (Fam) (23 July 2024)

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...

Y V & B (Fact finding - perpetrator). Court of Appeal Civil Division - 13 September 2024. Asplin, Baker, Elisabeth Laing LLJ’s - Appeal by guardian in care proceedings against failure of judge to identify perpetrator of injuries to child

Gary Fawcett (1975)

To précis anything is to give the tempting flavour, but deny you the full meal! Flavour: In this case the Court of Appeal, examined the trial judges approach, to applying the ‘pool of perpetrators’ case law, (after a 5 day fact find); the result being that the matter was  remitted for...

Milroy v MoD: Tribunal Ruling Could Grant Army Pensions to Thousands of Reservists

Helen Moizer (2018)

Major C Milroy v Advocate-General for Scotland: 4103202/2020 Date of judgment: 5 August 2024 A retired major, Charles Milroy, has won a significant case against the Ministry of Defence (MoD), potentially paving the way for thousands of reservists to receive military pensions for the first time. Milroy, who served over 37 years...

Labour has pledged to introduce employment legislation within its first 100 days in government – including the ‘right to switch off’

Helen Moizer (2018)

Before securing its victory, Labour set out in its manifesto a comprehensive plan to update employment law, with a promise to introduce legislation within 100 days. Labour’s biggest proposals included: Banning exploitative zero-hours contracts Ending ‘fire and rehire’ Day one rights for unfair dismissal (potentially with a probation period), sick pay and parental leave An...

A View from The President’s Chambers: July 2024

‘Family law should always have been like this’ I am devoting the first part of this View to Private Law children cases. For many years we have tried to work with, adapt or tweak the present litigant-led model of court proceedings in order to deliver a just and timely resolution of...

Court of Appeal considers the all-important distinction between an appeal lodged out of time and one lodged in time, but with documents missing.

Helen Moizer (2018)

When lodging a notice of appeal within the time limit, but the documents necessary to institute an appeal are missing, could the appeal be considered in time or out of time? In Ridley v HB Kirtley t/a Queen’s Court Business Centre [2024] EWCA Civ 875, each appellant was told by the...

ECHR Consultation: technical guidance on sexual harassment and harassment at work

On Tuesday 6 August 2024, the Equality and Human Rights Commission (EHRC) closes its a consultation on proposed changes to its technical guidance on workplace sexual harassment and harassment. This consultation has taken place as the law on preventing sexual harassment in the workplace is changing. On 26 October 2024 the new...

Complexities of indirect disability discrimination claims and the importance of clear and detailed reasoning in Employment Tribunal decisions: Minis Childcare Ltd v Ms Z Hilton-Webb [2024] EAT 108

The claimant, Ms Z Hilton-Webb, who has Apert Syndrome resulting in impaired vision, brought multiple complaints of disability discrimination against her employer, Minis Childcare Ltd. This appeal concerns the one complaint that succeeded. The Employment Tribunal held that printing in small fonts was a provision, criterion or practice pursued by the...

Reporting pilot extended to include private family disputes

The President of the Family Division’s Transparency Implementation Group Reporting Pilot (TIG) has today been extended to include private law in the 16 courts that were added to the pilot in January 2024. The reporting pilot introduced, for the first time, a presumption that accredited media and legal bloggers may report...

Re: A & I (Children: Appeal: Relocation & Joint Lives-With Orders: Fresh Evidence) [2024] EWHC 1824 (Fam)

Amelia King (2016)

This appeal serves as a reminder to PD12J paragraphs 36 and 37, the law in relation to appeals & admitting fresh evidence at an appeal. This was an appeal in private law proceedings against an order made by HHJ Cox sitting in the Central Family Court. The case concerned two children...

Re O (Care Proceedings) [2024] EWCA Civ 696

Rebecca Caws (2023)

This case concerned an appeal as to whether the Judge’s decision at a case management hearing to exclude a mother as a future carer for the child was unjust because of a procedural irregularity. The case concerned O, a boy aged 10 months old. O had 3 older siblings age 10,...

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