Interviewing a ward of court – UK Police Law Blog

Posted June 5th, 2017 in consent, courts, news, police, police interviews, practice directions, wardship by tracey

‘The judgment in Re Ward of Court [2017] EWHC 1022 (Fam) answers with a resounding “no”, the question of whether the court’s consent is required before the police can interview a ward of court. A simple point, one might think, but there was, according to Sir James Munby, President of the Family Division, a “startling lack of clarity in the law” on this issue.’

Full Story

UK Police Law Blog, 4th June 2017

Source: ukpolicelawblog.com

Domestic Child Abduction – Legal Responses – Family Law Week

Posted April 6th, 2017 in appeals, child abduction, news, practice directions by tracey

‘Edward Devereux QC, Dr Rob George and Edward Bennett of Harcourt Chambers consider the legal options for the left behind parent where his or her child has been taken by the other parent to another part of England and Wales.’

Full story

Family Law Week, 4th April 2017

Source: www.familylawweek.co.uk

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

Reforms to cross-examination by alleged abusers in the Prisons and Courts Bill – Family Law Week

‘Mark Roscoe, barrister of The 36 Group, outlines the provisions which the Government proposes to insert into section 31 of the Matrimonial and Family Proceedings Act 1984.’

Full story

Family Law Week, 7th March 2017

Source: www.familylawweek.co.uk

Costs judge issues strong proportionality warning over need to plan cases – Litigation Futures

‘A costs judge has emphasised the need for solicitors to plan their litigation so as to ensure that their costs are proportionate, after slashing a £72,000 bill for a low-value clinical negligence case by two-thirds.’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Getting to grips with proportionality and additional liabilities – Litigation Futures

Posted February 22nd, 2017 in costs, news, practice directions, proportionality by sally

‘Before the Jackson reforms, the relationship between proportionality and additional liabilities was clearly defined. Section 11 of the Costs Practice Direction in force before 1 April 2013 provided:

“11.5 In deciding whether the costs claimed are reasonable and (on a standard basis assessment) proportionate, the court will consider the amount of any additional liability separately from the base costs…

“11.9 A percentage increase will not be reduced simply on the ground that, when added to base costs, which are reasonable and (where relevant) proportionate, the total appears disproportionate.”’

Full story

Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

The Electronic Divorce Filing Pilot: An opportunity missed or a new horizon opening up? – Family Law Week

‘Stuart Clark, Associate, and David Hodson, Partner, both of The International Family Law Group LLP, describe what is known, and ask some questions, of the MoJ’s latest initiative to facilitate an online divorce system.’

Full story

Family Law Week, 7th February 2017

Source: www.familylawweek.co.uk

Review of Practice Direction 12J FPR 2010 – Child Arrangement and Contact Orders: Domestic Violence and Harm – Courts and Tribunals Judiciary

‘Report to the President of the Family Division by The Hon. Mr. Justice Cobb.’

Full report

Courts and Tribunals Judiciary, 20th January 2017

Source: www.judiciary.gov.uk

The Law Commission Report: Enforcement of Family Financial Orders – Enforcement or Variation? – Family Law Week

‘Joseph Rainer, barrister, Queen Elizabeth Building, analyses the implications of the Law Commission’s report Enforcement of Family Financial Orders.’

Full story

Family Law Week, 19th January 2017

Source: www.familylawweek.co.uk

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.’

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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