No.18 Chambers News Page 4

T (Children: Risk Assessment) [2025] EWCA Civ 93, 7.2.25. Court of Appeal indicating how risk assessment should be carried out and making strong additional comments

Gary Fawcett (1975)

Background chronology concerning the 3 children who in August 2024 were aged 11 [C1] , 9 [C2] and 1 [C3]: 2016 Fact find hearing, CAO to F with SO August 2019 F took C1 & C2 to Africa. leaving them there in the care of their grandmother March 2023 C3 was born. September 23...

Sara Chalk (2018)

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 can be found via the following link - The guidance, which is titled ‘Guidance on responding to a child’s unexplained reluctance, resistance...

Barnaby Large (2007)

Barnaby recently acted for the respondent in the Employment Appeal Tribunal in the matter of Main v SpaDental Ltd & Ors. The appeal addresses questions of interest on holiday pay and its place in insolvency law - " ...

Helen Moizer (2018)

The Department for Business and Trade has announced that a new right to neonatal leave will come into effect from 6 April 2025, providing critical support for working parents with babies in neonatal care. This follows the Neonatal Care (Leave and Pay) Act, passed in 2023. Eligible parents (those with babies...

The Family Justice Council (FJC) has published guidance for legal practitioners working with neurodivergent users of the Family Justice System. The guidance can be found on the Neurodiversity in the Family Justice System guidance page. The guidance follows almost two years of work drawing together the existing regulatory framework and setting out best...

Gary Fawcett (1975)

The judge recited quite a lot of law in his judgement, some of which is included in this article, but it makes the article longer than most soundbites. However it does , provide a useful guide to the relevant law. Birth mother [BM] applied for direct contact to her child, now...

Transfer of proceedings under Articles 8 and/or 9 of the 1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (‘the 1996 Convention’) Introduction This Guidance is an update of the document “Guidance for the Judiciary: Transfer of proceedings...

This guidance replaces the President’s Guidance of 10 November 2014: The International Child Abduction and Contact Unit (ICACU). A substantial number of public law children cases have an international element and courts often require information from other jurisdictions before being able to proceed. It is not always easy to know...

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...

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