UK judges change court rules on child contact for violent fathers – The Guardian

‘Senior judges are taking steps to end the presumption that a father must have contact with a child where there is evidence of domestic abuse that would put the child or mother at risk.’

Full story

The Guardian, 20th January 2017

Source: www.guardian.co.uk

Practice guidance: Family Court – Duration of Ex Parte (Without Notice) Orders – Courts and Tribunals Judiciary

Posted January 19th, 2017 in courts, family courts, practice directions, press releases, time limits by tracey

‘Guidance issued by Sir James Munby, President of the Family Division on 18 January 2017.’

Full guidance

Courts and Tribunals Judiciary, 17th January 2017

Source: www.judiciary.gov.uk

Judge issues warning on late service and litigants in person – Local Government Lawyer

Posted October 14th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘A judge has warned against unfairness to litigants in person caused by late service of documents.’

Full story

Local Government Lawyer, 12th October 2016

Source: www.localgovernmentlawyer.co.uk

High Court warning to lawyers over fair treatment of litigants in person – Litigation Futures

Posted October 10th, 2016 in case management, delay, litigants in person, news, practice directions, service by sally

‘The High Court has issued a warning to lawyers over dumping legal documents on litigants in person (LiPs) at the door of the court.’

Full story

Litigation Futures, 6th October 2016

Source: www.litigationfutures.com

Ordering the would-be undertaker: the equitable reach of the Family Court – Family Law Week

‘Norma Cronin, solicitor at Hughes Fowler Carruthers and Mark Ablett, Senior Paralegal at Hughes Fowler Carruthers and soon to be pupil barrister at 1 Garden Court Family Law Chambers consider the troublesome issue of enforcement of undertakings in financial remedies cases.’

Full story

Family Law Week, 8th July 2016

Source: www.familylawweek.co.uk

The Brave New World of Electronic Filing at the Central Family Court – Family Law Week

‘Michael Allum, Solicitor with The International Family Law Group LLP, explains how the Central Family Court’s pilot scheme for electronic filing of documents will work.’

Full story

Family Law Week, 22nd April 2016

Source: www.familylawweek.co.uk

Immigration tribunal can appoint litigation friend despite no provision in the rules – Free Movement

‘In the recent case of R (on the application of C) v First-Tier Tribunal and Others [2016] EWHC 707 (Admin) (not yet on BAILII but available on Westlaw) Picken J ruled that the immigration tribunal can appoint a litigation friend to represent a person who lacks capacity even though there is no provision to do so in the procedure rules, nor indeed in the statutory underpinnings of the tribunal.’

Full story

Free Movement, 27th April 2016

Source: www.freemovement.org.uk

Tribunal rejects Home Office fraud allegation in ETS case but fails to report determination – Free Movement

‘President McCloskey has firmly rejected the Home Office case against students alleged to have fraudulently obtained English language test certificate from ETS (“Educational Testing Services Ltd”) in the case of SM and Ihsan Qadir v Secretary of State for the Home Department IA/31380/2014. The President finds that the Home Office evidence suffered from “multiple frailties and shortcomings” and that the two witnesses produced by the Home Office were unimpressive. In short, the Home Office failed by a significant margin to prove the alleged fraud.’

Full story

Free Movement, 25th April 2016

Source: www.freemovement.org.uk

POCA Civil Recovery Claims Under CPR Part 8 – Judiciary of England and Wales

Posted April 20th, 2016 in civil procedure rules, news, practice directions, proceeds of crime by sally

‘Civil Recovery claims commenced under Part 5 of the Proceeds of Crime Act 2002 (“POCA”) must be brought under CPR 8 in accordance with paragraph 4.1 of the Civil Recovery Proceedings Practice Direction.’

Full story

Judiciary of England and Wales, 15th April 2016

Source: www.judiciary.gov.uk

Righting wrong writs. High Court enforcement – Nearly Legal

‘This has been a bit of an epic. First, the problem of High Court Enforcement Officers using form N293A to obtain writs of possession against tenants was raised by us in November 2015, then the scale of that use became clear by January 2016, and there were updates in February. Now, the coup de grace (which, if I am entirely honest, I’ve known was coming for a while).’

Full story

Nearly Legal, 21st March 2016

Source: www.nearlylegal.co.uk

Statements of Truth, Translation and Witnesses with Poor English – Zenith PI Blog

‘The CPR includes surprisingly demanding requirements, and draconian sanctions, in relation to Statements of Truth from witnesses whose English is so poor that they cannot read documents in English.
Here is a helpful summary of the rules, and what, in practice, you need to do to comply with them.’

Full story

Zenith PI Blog, 1st March 2016

Source: www.zenithpi.wordpress.com

Finance and Divorce Update, February 2016 – Family Law Week

‘According to the Law Society Gazette, the outcome of more than 2,000 may have been voided by the Form E software fault.  Justice Minister Shailesh Vara MP has indicated, in a statement to Parliament, that the assets of more than 3,600 couples were miscalculated.’

Full story

Family Law Week, 15 February 2016

Source: www.familylawweek.co.uk

High Court enforcement continued – Nearly Legal

‘In what has turned into a continuing series, there are further updates on enforcement of possession orders via the High Court, obtaining writs and the scandalous conduct of many High Court Enforcement Officers.’

Full story

Nearly Legal, 13th February 2016

Source: www.nearlylegal.co.uk

Practice Statement: Listing of Cases for Trial in the Patents Court – Courts and Tribunals Judiciary

Posted December 11th, 2015 in lists, news, patents, practice directions by tracey

‘The Patents Court endeavours bring patent cases on for trial where possible within 12 months of the claim being issued. To this end, the following procedure will be adopted.’

Full statement

Courts and Tribunals Judiciary, 10th December 2015

Source: www.judiciary.gov.uk

Family ADR boosted by new guidance – Law Society’s Gazette

‘Sir James Munby, president of the Family Division, has issued guidance on arbitration in the family court in a move which could encourage more lawyers to view alternative dispute resolution (ADR) as a viable option.’

Full story

Law Society’s Gazette, 24th November 2015

Source: www.lawgazette.co.uk

Speech by HHJ Edmund QC on Better Case Management and the Plea and Trial Preparation Hearing – Courts and Tribunals Judiciary

‘Speech by HHJ Edmund QC at the Criminal Bar Association Ann Goddard Memorial Lecture on 3 November 2015 entitled ”All Change: What you need to know about Better Case Management and the Plea and Trial Preparation Hearing”.

Full speech

Courts and Tribunals Judiciary, 17th November 2015

Source: www.judiciary.gov.uk

Statute, sentencing and procedure – Law Society’s Gazette

‘The 2015 statutory onslaught on criminal lawyers continued through the summer. On 17 July, section 28 and schedule 5 to the Criminal Justice and Courts Act 2015 were brought into force.’

Full story

Law Society’s Gazette, 26th October 2015

Source: www.lawgazette.co.uk

Civil Restraint Orders in IPEC: Perry v Brundle – NIPC Law

‘This case note discusses the power of a judge of the Intellectual Property Enterprise Court to make an extended civil restraint order under para 3.2 (1) (b).’

Full story

NIPC Law, 12th Ocotber 2015

Source: www.nipclaw.blogspot.co.uk

Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued – Courts and Tribunals Judiciary

Posted October 2nd, 2015 in costs, criminal procedure, practice directions, press releases by tracey

‘Criminal Practice Directions and Practice Direction (Costs in Criminal Proceedings) re-issued.’

Full press release

Courts and Tribunals Judiciary, 30th September 2015

Source: www.judiciary.gov.uk

Court of Protection Update (September 2015) – Family Law Week

‘Sally Bradley and Julia Townend, barristers of 4 Paper Buildings, focus on the applicable law and procedure pertaining to reporting restriction orders in the Court of Protection generally and further to the recent judgment in A Healthcare NHS Trust v P & Q.’

Full story

Family Law Week, 16th September 2015

Source: www.familylawweek.co.uk