Menu
Latest News
15 November 2021
Reports of the Farquhar Committee on the Financial Remedies Courts: Parts 1 & 2
HHJ Stuart Farquhar (Lead Judge of the Kent, Surrey & Sussex Financial Remedies Court (FRC)) was asked by The Honourable Mr Justice Mostyn earlier in...
Articles
11 November 2021
Not a ‘white leopard case’ (E v L [2021] EWFC 60)
In E v L [2021] EWFC 60, Mostyn J dealt with a financial remedies application for a short and childless marriage. In his judgment, Mostyn...
Latest News
11 November 2021
President Issues Guidance as to Draft Orders in the Family Court
The President of the Family Division, Sir Andrew McFarlane, has issued a memorandum setting out the approach for drafting orders in the Family Court, in...
Latest News
10 November 2021
President Issues Guidance on Witness Statements Incuding template for Litigants in Person (LIPs)
Following criticism of the standard of witness statements filed in the family courts the President issued a memorandum giving guidance to practitioners on the preparation...
Case Studies
13 October 2021
Twenty Eight Improper Divorce Petitions
The Marriage of Gia Celine-Shelby and Alfie David Yorston and 27 other related cases This case is short enough not to require a synopsis or...
Case Studies
19 June 2021
Domestic Abuse – The Wrong Principles – Re A [2021]
This blogpost was published by The Transparency Project Re A (Domestic Abuse: Incorrect Principles applied) [2021] EWFC B30. First, the context: June 2020: The Ministry...
Procedure
28 May 2021
Adminsitrative Court: Guidance on Electronic Bundles – 31st May 2021
Administrative Court ELECTRONIC BUNDLES (Practice Direction 54A, §§ 4.5 and 15; Practice Direction 54B, §1.3) Electronic bundles must be prepared as follows and be suitable...
Procedure
12 May 2021
Private Law: Second Gatekeeping. Orders and documents
The gatekeeping system is being changed, in certain cases gatekeeping will be conducted twice. New orders and documents are being issued in private law proceedings...
Procedure
27 April 2021
Amendments to Standard Orders in Public Law numbers 8.2, 8.3 and 8.4 as at 19th April 2021
The full text of Mostyn J’s announcement is found here. The links at the foot of the announcement will take you to the archive of...
Case Studies
05 April 2021
Lack of Decree Nisi at Final Hearing not Overcome by DDJ’s Words
Rezai-Namaghi v Atapour (Decree Nisi: Formalities) [2020] EWHC 3729 (Fam) The partes married in 2011 and separated in 2016. In August 2016 H issued a...
Case Studies
05 April 2021
Order Refusing Intervenor Access to Hard Copies of Documents Upheld
R (Children: Control of Court Documents) [2021] EWCA Civ 162 In an order made after a fact-finding hearing in care proceedings Jones J directed: “R”...
Case Studies
05 April 2021
Urgent Application to Allow “Grave Step” of Compelling Hospitalisation and Treatment
East Lancashire Hospitals NHS Trust v GH (Out of Hours Application) [2021] EWCOP 18 The health trust made an out of hours application which sought...
Case Studies
05 April 2021
Summary Dismissal of F’s Application for Contact with Children in Care
SZ v Birmingham City Council & Ors (Children: Summary Dismissal) [2021] EWFC 15 The judgment concerned a father’s (F) application for indirect contract with his...
Latest News
05 April 2021
Application for Reconsideration of an Order for Barder Event Refused
FRB v DCA (No 3) (Varying a Financial Order: Evidence) [2020] EWHC 3696 In March 2020 Cohen J made a final order in a long-standing...
Case Studies
30 March 2021
Is this the end of Scott Schedules in Child Contact Cases where Domestic Abuse is an Issue?
Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448 The Law Society Gazette reported on 30th March 20121 the...
Latest News
28 February 2021
Financial Remedies Courts to become part of the permanent structure of the Family Court in England and Wales
Sir Andrew McFarlane, the President of the Family Division, has announced on the 24th February 2021 that the Financial Remedies Courts pilot project has now...
Case Studies
09 February 2021
Naming of Father on Birth Certificate of an Adopted Child
H v An Adoption Agency (Declaration of Parentage following Adoption) [2020] EWFC 74 The child in question (T) became the subject of care and placement...
Case Studies
09 February 2021
Consideration of Issue of Non-Notification to Family of a Birth Must be at a “Very Early Stage”
A Local Authority v JK & W (Non-notification) [2021] EWHC 33 (Fam) These proceedings concerned W, a 10-month-old child, born on 19 February 2020. Three...
Case Studies
09 February 2021
Similar Fact Evidence: Control and Coercion
F v M [2021] (Domestic Abuse: Similar Fact Evidence) EWFC 4 The need for fact finding arose in relation to the father’s (F) application for...
Case Studies
09 February 2021
Special Guardianship Rules and Choice of Religion
Salford CC v W and Ors [2021] (Special Guardians: Religion) EWHC 61 (Fam) In June 2017 it was agreed that the 5 children, aged 4...
Case Studies
09 February 2021
The Final Word on Applications for Deprivation of Liberty?
London Borough of Lambeth v L (Unlawful Placement) [2020] EWHC 3383 (Fam) A care order was first made in relation to L in 2016 after...
Case Studies
09 February 2021
Dispute Between Parents Over Innoculations
M v H (Private Law: Vaccination) [2020] EWFC 93 In a private law dispute the father of two children, aged 6 and 4, sought a...
Procedure
08 February 2021
Bulletin For Financial Remedies Practitioners from Mostyn J and HHJ Hess
To all Financial Remedies Practitioners Financial Remedies Courts now no longer ‘pilot schemes’ The Financial Remedies Courts (FRCs) are now up and running in 18...
Articles
18 January 2021
The Reaches of Specific & Non-Party Disclosure CPR rule 31
A Recap If a party believes that the disclosure given by the disclosing party is inadequate a party may apply for an order requiring specific...
Articles
15 January 2021
When Can An Order Be Amended Under The Slip Rule?
In IC v RC [2020] EWHC 2997 (Fam) Knowles J considered when an order may be amended under the slip rule (rule 29.16(1) FPR) in...
Case Studies
24 December 2020
Recusal by District Judge Following Fact Finding Hearing.
W (Children: Reopening/Recusal) [2020] EWCA Civ 1685 This case came to the Court of Appel on a mother’s application to appeal a decision to set...
Case Studies
24 December 2020
Comity, comity, comity!
Warrington Borough Council v TN (Care Proceedings: Comity) [2020] EWFC 79 In a case concerning care proceedings relating to an 8-year-old child (JN) born in...
Latest News
23 December 2020
Step Parent Adoption
Re H (Step-Parent Adoption) [2020] EWFC 86 This case concerns an application for the adoption of a 17-year-old girl (H) under s.46 Adoption and Children...
Case Studies
23 December 2020
Purposive Interpretation of Time Limits: Re A (A Child: Adoption Time Limits s44(3)) [2020] EWHC 3296 (Fam)
An application for the adoption of A, the child of the applicant’s cousin, was made when A was 17, she reached her majority in September...
Case Studies
21 December 2020
Supreme Court Declines to Hear Transgender Man’s Appeal to be Registered as Father
The Supreme Court has announced that it has declined to hear a case in which a transgender man who had given birth to a child...
Case Studies
21 December 2020
Consent Orders: CB v EB [2020] EWFC 72
This case concerned the application by CB, the husband to set aside two consent orders made in 2010 and 2013, relying on facts which did...
Case Studies
21 December 2020
H v An Adoption Agency (Declaration of Parentage following Adoption) [2020] EWFC 74
The child in question (T) became the subject of care and placement proceedings in 2015. Mr H was not named on the birth certificate but...
Case Studies
21 December 2020
Legal Aid for Domestic Abuse victim when assets are not realisable: R(on the application of GR) v Director of Legal Aid Casework & Anor [2020] EWHC 3140 (Admin)
This important case was heard by Pepperall J in the Administrative Court. The case was brought by the Public Law Project in conjunction with the...
Latest News
03 December 2020
Addendum to Practice Guidance on Unregistered Placements
President of the Family Division Issues Addendum to Practice Guidance on Unregistered Placements On 1st December 2020, Sir Andrew McFarlane issued an addendum to the...
Case Studies
03 December 2020
Recent Decision on Joinder of Father in Care Proceedings
Father Refused Permission to Join Care Proceedings These care proceedings came before HHJ Middleton-Roy in November 2020. They concern a boy K (9 months old)...
Case Studies
30 November 2020
Passport Orders. Rarely more than a temporary measure in very specific circumstances..
Re P (Discharge of Passport Order) [2020] EWHC 3009 (Fam) The proceedings before Cobb J [read here] concerned a 2½ year old child. Cobb J...
Case Studies
30 November 2020
Moutreuil v Andreewitch: Sentence for breaches of freezing injunction.
Moutreuil v Andreewitch & Anor (Contempt: Sentence) [2020] EWHC 3085 (Fam) Mr Justice Cobb considered [read full report here] the appropriate sanction for “flagrant” breaches...
Case Studies
30 November 2020
MG v AG (Appeal Out of Time: Relief from Sanctions) [2020] EWFC B49
MG v AG (Appeal Out of Time: Relief from Sanctions) [2020] EWFC B49 Judgment before Mr Recorder Salter [read here]. An application by the ex-husband...
Latest News
16 November 2020
What About Me? Reframing Support for Families Following Parental Separation. Report by Family Solutions Group
The President of the Family Division, Sir Andrew McFarlane:- “This report [read here] brings together the various lines of thinking of recent years aimed at...
Case Studies
03 November 2020
All factors relating to a decision to allow relocation overseas must be properly analysed.
WS v KL [2020] EWHC 2548 (Fam) A father’s appeal against an order allowing a mother to relocate two young children to Hong Kong was...
Case Studies
03 November 2020
DFJ warns parties and lawyers engaging in “wasteful litigation”. Criticism and sanctions may follow.
Re B (A Child) (Unnecessary Private Law Applications) [2020] EWFC B44 HHJ Wildblood QC (the DFJ for Avon, North Somerset and Gloucestershire) released his judgment...
Latest News
29 October 2020
American Bar Association guide to staying fit and sane when working at home
The ABA has put together their guide to maintaining health, wellbeing and reduce stress during quarantine/lockdown/self-isolation or just working at home. https://www.americanbar.org/groups/litigation/committees/mental-health-wellness/articles/2020/tips-boost-wellness-manage-stress-quarantine/
Case Studies
26 October 2020
Litigation Conduct: H’s needs put at risk
Rothchild v De Souza [2020] EWCA Civ 1215 The Court of Appeal dismissed an appeal of an order made by Mr Justice Cohen following financial...
Case Studies
21 October 2020
Hewson v Wells & Ors [2020] EWHC 2722 (Ch) No Costs Awarded on Discontinuance: CPR 38.6
Claimant’s Succesful Application for Order for No Order for Costs – Defendant’s Unreasonable Behaviour In this case the Claimant issued a Part 8 claim seeking...
Latest News
21 September 2020
CENTRAL FAMILY COURT -STANDARD DIRECTIONS ALL TRIALS TAKING PLACE ENTIRELY IN COURT OR “HYBRID”
CENTRAL FAMILY COURT STANDARD DIRECTIONS ALL TRIALS TAKING PLACE ENTIRELY IN COURT OR “HYBRID” “The following directions shall apply to this hearing: – 1. This...
Procedure
10 September 2020
Standard Orders Volume 1: Financial and Enforcement Orders have been updated and republished as at 8th September 2020
Volume 1 of Standard Orders [Financial and Enforcement Orders] has been republished incorporating all amendments to 8th September 2020. The previous Volume 1 (as at...
Case Studies
14 August 2020
Court of Appeal Re:N (Children Interim Order/Stay)[2020] EWCA Civ 1070 12.8.20
Neutral Citation Number: [2020] EWCA Civ 1070 Case No: B4/2020/0705 IN THE COURT OF APPEAL (CIVIL DIVISION) ON APPEAL FROM THE FAMILY COURT AT COVENTRY...
Latest News
09 June 2020
The Way Ahead – Sir Andrew McFarlane – Important Stuff
The Family Court and COVID 19: The Road Ahead INTRODUCTION 1. We have reached a juncture in the Family Court’s journey through the COVID 19...
Latest News
29 May 2020
Mediation in Lockdown
MEDIATION IN LOCKDOWN In the current unusual circumstances caused by Covid-19 we have all had to think of new ways of working. During the last...
Latest News
21 May 2020
Inheritance (Provision for Family & Dependants) Act 1975: Six Month Deadline v Standstill Agreements
Inheritance (Provision for Family & Dependants) Act 1975: Six-Month Deadline and Standstill Agreements The Inheritance (Provision for Family & Dependants) Act 1975 (‘the Act’)...
Case Studies
18 May 2020
Complex Case: Adjournment During Remote Final Hearing: Re: A Local Authority [2020] EWHC 1233 (Fam) – Williams J – 15th May 2020
Neutral Citation Number: [2020] EWHC 1233 (Fam) Case No: ZC19C00356 IN THE HIGH COURT OF JUSTICE FAMILY DIVISION Insert Court Address 15/05/2020 B e f...
Articles
14 May 2020
Avoiding the Family Court Queue (Part 1)
How to avoid the Family Court Queue Part 1 : Family Law Arbitration Even without Covid-19, the queue for Final Hearings in family cases has...
Procedure
13 May 2020
Changes to the Family Proceedings Rules
NEW FAMILY PROCEDURE RULES (WHILE WE’VE ALL BEEN IN LOCKDOWN) While we’ve all been in ‘lockdown’ a whole host of amendments to the Family Procedure...
Articles
13 May 2020
Judicial Notice of the Effect of Covid-19 on SJE Valuations
Can the Court take judicial notice of impact of the Covid-19 crisis on agreed/SJE valuations? A recent decision of HHJ Booth in S v. H...
Articles
13 May 2020
Articles
11 May 2020
A Timely Update on the Family Law Act 1996
WHO CAN BE A RESPONDENT UNDER THE FAMILY LAW ACT 1996? There is a common misconception that an applicant cannot obtain a non-molestation order against...
Case Studies
10 May 2020
The Slip Rule: The Secretary of State for the Home Department v Yagnesh Devani [2020] EWCA Civ 612 (6 May 2020)
The Secretary of State for the Home Department v Yagnesh Devani [2020] EWCA Civ 612 (6 May 2020) Discusses the uses of the “slip rule”...
Case Studies
10 May 2020
Interviewing of Minors: Best Evidence: Accept no Substitute
Re T (Children) [2020] EWCA Civ 507 (7 April 2020) This case reminds practitioners of the perils of not following the guidelines for interviewing minors...
Case Studies
10 May 2020
Vegetative Patients: Withdrawal of Life Support.
Vegetative patients and the withdrawal of life support. A Clinical Commissioning Group v P (by her litigation friend the Official Solicitor) and TD [2019] EWCOP 18...
Case Studies
07 May 2020
Private Law: Re Q [2020] EWHC 1109 (Fam)
Neutral Citation Number: [2020] EWHC 1109 (Fam) Case No: FA-2020-000064 IN THE HIGH COURT OF JUSTICE FAMILY DIVISION APPEAL FROM CENTRAL FAMILY COURT ORDER OF...
