Appeals and judicial review

Practice notes

Judicial review—how to start proceedings

Judicial review—how to start proceedingsThis Practice Note summarises the procedural stages in a judicial review application and then describes in...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 17th Sep

Practice notes

Judicial review—what it is and when it can be used

Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 17th Sep

Q&As

Where a petitioner wishes to appeal a final financial remedy order made in divorce proceedings, can they do so before decree absolute is granted and is there any detriment to them once decree absolute is granted?

Where a petitioner wishes to appeal a final financial remedy order made in divorce proceedings, can they do so before decree absolute is granted and...

Produced in partnership with Nicholas Starks of St Ives Chambers 8th Sep

Practice notes

Judicial review—time limits and the pre-action protocol

Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 8th Sep

Q&As

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a circuit judge. Is permission required for a second appeal and would that appeal be heard by the Court of Appeal as opposed to the High Court? If not what is the correct procedure?

A final order has been made by lay justices under section 13 of the Children Act 1989. That order was appealed and the appeal was dismissed by a...

Produced in partnership with Kyle Squire of 5 Pump Court 18th Aug

Q&As

A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included by mistake and that the premiums were part of the provision for spousal maintenance. If the other party will not agree to the removal of the undertaking, how may this be rectified?

A party gave an undertaking within a financial consent order to pay life insurance premiums, but subsequently stated that the undertaking was included...

Produced in partnership with Paul Infield of The 36 Group 18th Aug

Q&As

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to purchase a property, what are the considerations for a potential application to set aside a financial consent order?

Where a party disclosed significant debts and there was an apparent risk of bankruptcy, but later appears to have sufficient assets or income to...

18th Aug

Q&As

Where a party has not complied with the terms of a financial order, and intends to make an application to set aside that order on the basis of an inheritance received by the other party, will the set-aside application and any enforcement as to the non-compliance be dealt with at the same time or will the party who seeks to enforce the order need to make a separate application for enforcement?

Where a party has not complied with the terms of a financial order, and intends to make an application to set aside that order on the basis of an...

18th Aug

Q&As

When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure Rules 2010 or the Civil Procedure Rules 1998 apply? If the appellant succeeds on some, but not all, of their grounds of appeal, how will the court determine the issue of costs?

When appealing a decision of a district judge at a financial remedy final hearing, what will be the court’s approach to costs? Do the Family Procedure...

Produced in partnership with Paul Infield of The 36 Group 18th Aug

Q&As

Where a final order has been made in financial remedy proceedings some time ago, and it subsequently transpires that the children of the family may not be the husband's biological children, would this amount to a Barder event?

Where a final order has been made in financial remedy proceedings some time ago, and it subsequently transpires that the children of the family may...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 18th Aug

Q&As

Can an order for costs in divorce proceedings be set aside?

Can an order for costs in divorce proceedings be set aside?It is ordinarily the case in family proceedings (save for certain excluded types of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug

Practice notes

Appeals in public law children proceedings

Appeals in public law children proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

18th Aug

Practice notes

Appeals—general principles, practice and procedure

Appeals—general principles, practice and procedureCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Setting aside financial orders including Barder events where no error of the court alleged

Setting aside financial orders including Barder events where no error of the court allegedBackgroundFor a considerable time there had been doubt and...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

COVID-19

Practice notes

High Court (Family Division) appeals by electronic means

High Court (Family Division) appeals by electronic meansWith effect from 1 February 2021, provision is made in the Family Procedure Rules 2010 (FPR...

18th Aug

Practice notes

Preparation for an appeal and orders that may be made

Preparation for an appeal and orders that may be madeCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Coronavirus (COVID-19)—revisiting financial orders

Coronavirus (COVID-19)—revisiting financial ordersThe coronavirus (COVID-19) pandemic is an unforeseen global event that has had significant...

Produced in partnership with Marc Samuels, Niki Langridge and Rhys Taylor MCIArb of The 36 Group 18th Aug

COVID-19

Practice notes

Applications for permission to appeal in the Family Court

Applications for permission to appeal in the Family CourtCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 18th Aug

Practice notes

Appeals to the Court of Appeal or the Supreme Court

Appeals to the Court of Appeal or the Supreme CourtCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 15th Aug

Q&As

An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?

An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 15th Aug

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