2024-04-08 14:48
In the Absence of a QLR
A Qualified Legal Representative (‘QLR’) is a person appointed to cross-examine another party where one party is a litigant in person and there are allega… Read More
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Trinity Chambers provides specialist legal advice in family, civil, medical, planning and sports law It has an enviable reputation for providing straightforward legal advice in a variety of matters
2023-09-08 07:20
The abolition of Section 21, Housing Act 1988 has been in the works for some time now. Although the date on which it will officially be abolished has not been announced yet, it is anticipate… Read More
2023-08-11 15:58
We are delighted to announce that Mika Pine has joined Trinity Chambers. Mika has been a family barrister practising in the region for many years and will be well known to many local s… Read More
2023-06-04 16:27
Re D (Costs of Appeal: Application to Vary or Revoke Order) [2023] EWHC 1244 (Fam) – The Honourable Mr Justice Cobb
This case concerns an application to vary/revoke a costs order made… Read More
2023-05-30 05:35
Facts – the wife’s solicitors prepared a trial bundle (the husband was in person) they had inadvertently put before the court a bundle containing the husband’s without prej… Read More
2023-05-23 12:19
Unregistered experts in family proceedings: Re C (“parental alienation”: instruction of expert) [2023] EWHC 345 (Fam)
Introduction
This anticipated judgment from the President of… Read More
2023-05-16 09:01
Re A (Children) (Pool of Perpetrators) [2022] EWCA Civ 1348
This appeal followed a fact-finding hearing in care proceedings, in relation to a child (“A”) who had suffered a numbe… Read More
2022-12-14 15:57
Our Christmas opening hours will be:
Friday 23rd December 8.30am to 2pm
We will then re-open on Tuesday 3rd January 2023 at 8.30am
In case of emergency, please contact our out of h… Read More
2022-12-02 07:15
On 19th October 2022, the Supreme Court handed down its much-anticipated judgment in Guest and another v Guest. Here the court addressed the proper basis for awarding remedies in cases of pr… Read More
2022-09-12 04:53
The post In Memoriam: Queen Elizabeth II (21 April 1926 – 8 September 2022) appeared first on Trinity Chambers Read More
2022-08-15 12:24
FACTS
Sharon Horohoe (W) and Ciaran Horohoe (H) married in 1994 but in 2010 decided to go their separate ways. They had accrued a number of sizeable assets over the past two decades and in 2… Read More
2022-07-28 08:06
On the 21st July 2022 Sections 65 and 66 were introduced into the Domestic Abuse Act 2021 and apply to the family and civil courts in England and Wales. The effect of these provisions is to… Read More
2022-07-11 12:46
Mr Justice Peel and His Honour Judge Hess, with the authority of the President of the Family Vision, have published an amended document titled “Overall Structure of the Financial Remed… Read More
2022-06-28 11:00
Supreme Court remits care proceedings for re-hearing following proportionality failings
H-W (Children) No 2 [2022] UKSC 17
On 15 June 2022, the Supreme Court gave judgment in an appea… Read More
2022-06-09 18:39
The Marriage and Civil Partnership (Minimum Age) Act 2022 has received Royal Assent, increasing the minimum age of marriage and civil partnerships in England and Wales from 16 to 18 years. T… Read More
2022-05-27 07:52
Summary
In a bid to clarify any prior misunderstandings, the Court of Appeal has provided guidance as to when fact-finding hearings in private family law proceedings are required when allega… Read More
2022-05-10 08:53
Sir Andrew McFarlane, President of the Family Division, has issued new guidance for judges and magistrates in respect of fact-finding hearings in Private law children proceedings. The guidan… Read More
2022-04-11 13:44
The end of the “blame game” for divorce proceedings?
On 6 April 2022, the Divorce, Dissolution and Separation Act 2020, which reforms the divorce process to remove the concept o… Read More
2022-03-23 19:44
Please refer to the below Practice Message, dated March 2022, from Her Honour Judge Gordon-Saker, Lead Judge of the FRC for NES BCH.
Practice Message from the NES BCH Financial Remedies Cour… Read More
2022-03-14 22:47
The President of the Family Division has issued guidance regarding liaison between courts in England and Wales and British Embassies and High Commissions abroad.
Please find a link to downlo… Read More
2022-03-14 11:34
BY v BX [2022] EWHC 108 (Fam)
On 20 January 2022, the Family Division of the High Court (Cobb J) gave judgment following a five-day fact-finding hearing. In these Children Act proceedings… Read More
2022-03-03 11:15
Lord Wolfson QC (Parliamentary Under-Secretary of State for Justice) has confirmed his approval of amendments to existing Practice Directions supplementing the Family Procedure Rules 2010, m… Read More
2022-02-22 20:01
On 18 February 2022 the President issued a Memorandum in respect of guidance on electronic bundles. A copy of this has been reproduced below.
This memorandum is to be read with the general g… Read More
2022-02-22 19:48
Summary
This case involves a long-running matrimonial dispute between former husband and wife. The background to the dispute can be found in the 2017 judgment here. Mr Justice Mostyn handed… Read More
2022-02-21 17:59
P v Q (Financial Remedies) [2022] EWFC B9
On 10th February 2022, the Central Family Court (HHJ Hess) gave judgment following a four day final hearing in financial remedies proceedings. The w… Read More
2022-02-21 17:23
Child maintenance appeals
Section 4 of the Child Support Act 1991 (the Act) enables individuals with the care of any qualifying child or a non-resident parent, to apply for a maintenance ass… Read More
2022-02-21 10:16
Standard Orders
The working party under the leadership of HHJ Moradifar considering the Standard Family Orders Volume 2 (Children and Other Orders) has at the request of Mr Justice Mostyn un… Read More
2022-02-03 17:02
Advisory Notice
The FRC Efficiency Statement dated 11 January 2022 requires the use of the assets and Income template ES2 at the First Appointment (para 11), the FDR (para 13) and the final… Read More
2022-01-21 12:43
Hasan v Ul Hasan (deceased) and Anor [2021] EWHC 1791
In this case Mostyn J examines the law relevant to a wife’s application to continue proceedings for financial remedies in circums… Read More
2022-01-19 07:26
Griffiths v Tickle & Ors [2021] EWCA Civ 1882
On the 10th of December 2021 the Court of Appeal (Dame Victoria Sharp (P), Lady Justice King and Lord Justice Warby) heard an appeal against… Read More
2022-01-12 08:35
Mostyn J (National Lead Judge) and HHJ Hess (Deputy National Lead Judge) have today issued a Notice in relation to the conduct of Financial Remedy work. That Notice, together with a number o… Read More
2021-12-21 16:42
The President of the Family Division has published new guidance on E-bundles for use in the Family Court and Family Division.
The guidance supplements the general guidance on electronic bund… Read More
2021-12-17 17:48
The Family Justice Council held its 14th Annual Debate and panel discussion in London which was live streamed via Microsoft Teams to audiences at home – a first for the event.
Recordin… Read More
2021-12-15 21:08
The Cafcass Prioritisation Protocol
Why has prioritisation become necessary in Essex, Suffolk and Norfolk?
Prioritisation is intended as a way of averting operational collapse and bei… Read More
2021-12-06 15:10
The President of the Family Division, Sir Andrew McFarlane, has published his report on transparency in the family courts. Following a consultation and the appointment of a transparency revi… Read More
2021-12-02 14:41
Re C (Looked After Child) (Covid-19 Vaccination) [2021] EWHC 2993 (Fam)
The High Court was asked to detemine whether a child should receive vaccinations for coronavirus and winter flu. &helli…Read More
2021-11-25 09:39
Nuffield Family Justice Observatory webinar for the Judicial College
WEBINAR: How can support for parents reduce recurrent care proceedings?
Tuesday 30 November 2021, 17:00-18:30
Pleas… Read More
2021-11-25 07:29
The Senior Presiding Judge, President of the Family Division and Judge-in-charge of Live Services have issued new guidance on electronic court bundles. A copy of the guidance note is reprodu… Read More
2021-11-23 13:52
Standard Orders: Non-molestation order
Order No. 10.1 (Non-molestation order) is amended to include in paragraph 1 the respondent’s date of birth, the omission of which has caused occa… Read More
2021-11-15 20:27
On 16 October 2021, The President of the Family Division, Sir Andrew McFarlane, considered some of the issues that are of current interest in the Family Justice System in an address at… Read More
2021-11-15 19:31
HHJ Stuart Farquhar (Lead Judge of the Kent, Surrey & Sussex Financial Remedies Court (FRC)) was asked by The Honourable Mr Justice Mostyn earlier in 2021 to convene and lead a committe… Read More
2021-11-11 13:49
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 J provides clear guidance on whether a childless or… Read More
2021-11-11 10:50
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 order to mitigate a number of problem… Read More
2021-11-10 16:09
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 of witness statemen… Read More
2021-10-13 07:59
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 any analysis other than set out by Moor J in dismi… Read More
2021-06-19 10:26
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 of Justice published… Read More
2021-05-28 05:30
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 fo… Read More
2021-05-12 17:00
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 with a view to speed up th… Read More
2021-04-27 10:23
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 Zip files. Unfortunately the links cannot be act… Read More
2021-04-05 12:29
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 divorce petition and in Octo… Read More
2021-04-05 12:21
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” should not be provided with a… Read More
2021-04-05 12:17
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 to remove a woman (GH), who was in obstruct… Read More
2021-04-05 12:12
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 children, B aged 16… Read More
2021-04-05 12:09
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 financial remedy proceeding which provided that the husban… Read More
2021-03-30 19:28
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 Court of Appeal judgment in a groun… Read More
2021-02-28 11:17
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 been completed. Financial Remedie… Read More
2021-02-09 13:35
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… Read More
2021-02-09 13:23
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 days prior to his birth, his mothe… Read More
2021-02-09 13:18
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 contract with his 6 and 3-year-old chi… Read More
2021-02-09 13:13
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 to 11, should live with their maternal aunt Mrs Z and her par… Read More
2021-02-09 13:09
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 his mother’s death; his father disputed paternity a… Read More
2021-02-09 13:06
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 specific issue order for their inoculation with the MMR and all ot… Read More
2021-02-08 17:40
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 zones in all pa… Read More
2021-01-18 14:13
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 disclosure under CPR rule 31.12(1).
CPR rule 31… Read More
2021-01-18 07:04
Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers Chelmsford, offers a few hard earned pointers to improve the remote hearing experience.
Gabrielle Jan Posner, Barrister and R… Read More
2021-01-18 06:50
Note from HHJ Shanks
I am circulating this note to all judges ( lay and otherwise ) across Essex, Suffolk and Norfolk and also to local chambers and local practitioners. I hope that I can al… Read More
2021-01-15 13:43
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 circumstances where the husband argued that the order ceased to… Read More
2021-01-05 12:20
We have now entered lockdown for the third time. The courts and tribunals must continue to function. The position remains that attendance in person where necessary is permitted under the pro… Read More
2020-12-24 12:58
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 aside findings of fact, concerning her a… Read More
2020-12-24 11:48
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 the UK to Lithuanian parents, Mac… Read More
2020-12-23 12:02
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 Act 2002 by her stepfather. Bor… Read More
2020-12-23 12:00
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 2020. Born in St Lucia, A was brought to Englan… Read More
2020-12-21 12:49
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 sought judicial review of the decision that had was registered a… Read More
2020-12-21 12:43
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 not satisfy the traditional grounds for setting aside… Read More
2020-12-21 12:23
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 a paternity test confirmed that he was T’s fathe… Read More
2020-12-21 09:06
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 Law Society Access to Justice Committee… Read More
2020-12-03 10:34
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 Practice Guidance… Read More
2020-12-03 09:02
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) who is presently living wi… Read More
2020-11-30 10:56
Moutreuil v Andreewitch & Anor (Contempt: Sentence) [2020] EWHC 3085 (Fam)
Mr Justice Cobb considered [read full report here] the appropriate sanction for “flagrant” br… Read More
2020-11-30 10:47
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 for permission to appeal out… Read More
2020-11-16 16:21
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 finding a better way to ach… Read More
2020-11-03 12:05
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 granted by Knowles J who found the judge had failed… Read More
2020-11-03 11:35
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 as a warning to par… Read More
2020-10-29 12:47
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/… Read More
2020-10-26 16:43
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 remedy proceedings. The appellant husband (H) conte… Read More
2020-10-21 07:50
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 a… Read More
2020-09-21 13:56
CENTRAL FAMILY COURT
STANDARD DIRECTIONS ALL TRIALS TAKING PLACE ENTIRELY IN COURT OR “HYBRID”
“The following directions shall apply to this hearing: –
1. This trial… Read More
2020-09-10 06:38
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 29 July 2019… Read More
2020-08-14 14:52
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 Her Honour Judge Watson
CV19C01519
Roy… Read More
2020-06-09 11:44
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 crisis when it is both possible and neces… Read More
2020-05-29 13:14
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 nine weeks I have been conducting… Read More
Inheritance (Provision For Family & Dependants) Act 1975: Six Month Deadline V Standstill Agreements
2020-05-21 07:19
Inheritance (Provision for Family & Dependants) Act 1975:
Six-Month Deadline and Standstill Agreements
The Inheritance (Provision for Family & Dependants) Act 1975 (‘the Act… Read More
2020-05-18 06:05
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 o r e :
The Honourable Mr Justice… Read More
2020-05-14 16:02
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 just been getting longer and longer.
There is an a… Read More
2020-05-13 17:50
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 Rules have c… Read More
2020-05-13 11:39
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 [2020] EWFC B16 has been seen by some as giving support… Read More
2020-05-13 09:04
The post Will Green : Part 1 of A Guide to Practitioner’s Software appeared first on Trinity Chambers Read More
2020-05-11 16:12
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 their ‘in-laws’, ie against… Read More
2020-05-11 12:50
We’re going Paperlite!
Our hub at Highfields House is closed for the moment. We’ve made the transition to working remotely – it may have been forced upon us but we’ve… Read More
2020-05-11 12:41
Jury Trials to resume in May 2020 – Announcement by Lord Chief
The practice of trial by jury sits at the heart of our criminal justice system.
New Jury trials were suspended on 23 Marc… Read More
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