Posts
Discharging a party in a case – without telling them why
This newly published judgment, Re P (Discharge of Party) [2021] EWCA Civ 512 is interesting because ‘It appears that this is the first case in which a special advocate has been instructed in the Civil Division of the Court of Appeal’ [para 5]. A special advocate is a...
Financial Remedies Court – Survey for Litigants in Person
During the pandemic, many Family Court hearings have been held remotely by telephone and video. The Financial Remedies Court (which deals with the financial aspects for divorcing couples) is now considering whether such hearings should continue after the pandemic and...
Is there still any place for supervision orders?
'Yes', according to new research from the Nuffield Family Justice Observatory (NFJO). The purpose and effectiveness of this type of court order is currently being considered by one of the innumerable sub-groups of the Public Law Working Group. Now, the NFJO have...
F (A Child : Adjournment) [2021] EWCA Civ 469
This is a post by Emily Ward. Emily is a barrister based at Broadway House Chambers and is Deputy Head of the Family Team. She practises in all areas of family law, and has a particular interest in matrimonial finance and complex children cases. Emily...
Covid-19 and the courts – The House of Lords Constitution Committee’s report
In a report published at the end of last month the House of Lords Constitution Committee made a number of criticisms of the way the courts have responded to the coronavirus pandemic and the suspension of live hearings necessitated by the lockdown, and made various...
Journalist’s bid to see papers that led to flawed adoption decision fails
The Court of Appeal have affirmed Mrs Justice Roberts’ original decision refusing disclosure of court documents to investigative journalist Melanie Newman. Newman's appeal was dismissed. The judgment containing the court's full legal reasoning was...
The Domestic Abuse appeals – a missed opportunity for cultural change?
This is a guest post from Olive Craig. Olive is senior legal officer at Rights of Women. She is a qualified family law solicitor specialising in children law and legal aid. Rights of Women is a legal charity that provides free, confidential legal advice to women in...
Re H-N [2021] EWCA 448: The Court of Appeal considers domestic abuse.
Content warning: the topics discussed in this post include physical and sexual violence. There are some judgments from the higher courts that are so important they give their name to something bigger. They are known instantly to all, like Kylie, Madonna or Cilla. For...
Another case about puberty blockers – what does it say?
Last week, Mrs Justice Lieven delivered a judgment in a case concerning puberty blockers. This post explains a little about what that judgment says, and what it may mean for teenagers undergoing this treatment or who want to start / resume their treatment. It follows...
Domestic Abuse Conjoined Appeals – update
There is still no decision from the Court of Appeal on the conjoined domestic abuse appeals that we wrote about in February. http://www.transparencyproject.org.uk/the-court-of-appeal-considers-domestic-abuse-part-1/ However, we did notice two judgments from HHJ Tolson...