Appeals and judicial review

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Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

The following Family news provides comprehensive and up to date legal information on Complex, lengthy proceedings—assessment of costs, strike out, conduct and non-compliance (Taiga v Ogbedo)

Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

The following Family news provides comprehensive and up to date legal information on Procedure and principles to be applied to maintenance pending suit applications (Rattan v Kuwad)

Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

The following Dispute Resolution news provides comprehensive and up to date legal information on Enforceability of UK judgments in the event of a No Deal Brexit: A worrying development

Brexit: policy paper for cross-border framework—an EU perspective

The following Arbitration news provides comprehensive and up to date legal information on Brexit: policy paper for cross-border framework—an EU perspective

Featured Family content

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

This Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains when the principle...

Decree absolute—divorce

Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...

Practice notes

Application to vary, extend or discharge a non-molestation or occupation order

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

Practice notes

Grounds for judicial separation

Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...

9th Nov

Practice notes

Drafting the terms of a financial consent order

This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...

9th Nov

Practice notes

Capitalised maintenance—Duxbury calculations

The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...

9th Nov

Practice notes

Emergency prohibited steps and child arrangements orders

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

Practice notes

The grounds on which a marriage is void

A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...

9th Nov

Practice notes

Undefended divorce proceedings

Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....

9th Nov

Practice notes

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...

9th Nov

Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...

Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan

Practice notes

Child Arrangements Programme—the procedure for section 8 applications

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

9th Nov

COVID-19

In-house

Practice notes

Statements of truth in family proceedings

This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...

9th Nov

Practice notes

Amended, supplemental and further petitions

The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...

9th Nov

Precedents

Specimen statement of issues for a first appointment—financial remedy application

In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...

9th Nov

Practice notes

The grounds on which a marriage is voidable

A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...

9th Nov

Practice notes

General principles—lump sum orders

This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...

9th Nov

Practice notes

Declarations of parentage—procedure

The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...

9th Nov

Most recent Appeals and judicial review content

Practice notes

Judicial review—how to start proceedings

Key procedural stages in a judicial review claim in the Administrative Court Broadly speaking, and subject to any contrary directions, the key stages...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 21st Jan

Practice notes

Judicial review time limits—extensions and urgent cases

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

21st Jan

Practice notes

Judicial review—time limits and the pre-action protocol

When considering whether and how to bring a claim for judicial review, the first step is to consider whether judicial review is be an appropriate...

Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 21st Jan

Practice notes

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

What is judicial review?Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by...

Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 21st Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 20th Jan

Practice notes

Applications for permission to appeal in the Family Court

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan

Practice notes

Appeals to the Court of Appeal or the Supreme Court

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan

Practice notes

Preparation for an appeal and orders that may be made

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan

Practice notes

Appeals—general principles, practice and procedure

Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...

Produced in partnership with David Salter, deputy High Court judge and Recorder 17th Jan

Q&As

What is the impact on appeal proceedings in relation to a final financial remedy order where decree absolute has not yet been pronounced and one of the parties dies?

The court has the power to make final orders in financial remedy proceedings on the pronouncement of decree absolute. Other than certain interim...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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?

An undertaking may not be varied by a court, but the person making it may, on application, be released from its performance, often having offered an...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

Practice notes

Coronavirus (COVID-19)—revisiting financial orders

The coronavirus (COVID-19) pandemic is an unforeseen global event that has had significant ramifications for society and the economy. Family...

Produced in partnership with Marc Samuels, Niki Langridge and Rhys Taylor MCIArb of The 36 Group 8th Jan

COVID-19

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?

The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, r 28.3(1) states that: ‘Rule 44.2(1), (4) and (5) of the CPR do not apply to financial...

Produced in partnership with Paul Infield of The 36 Group 8th Jan

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?

Legal professional privilege is a concept that protects certain classes of documents from inspection by the other party to the case. Legal advice...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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?

Applications to set aside a final order made within financial remedy proceedings should be made in accordance with the Family Procedure Rules (FPR...

Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan

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?

Second appealsWhere an appeal from a first instance decision in a private children case has been determined, a party would require permission to bring...

Produced in partnership with Kyle Squire of 5 Pump Court 8th Jan

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’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?

Legal professional privilege is a concept that protects certain classes of documents from inspection by the other party to the case. Legal advice...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Practice notes

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

BackgroundFor a considerable time there had been doubt and confusion as to the available routes of challenging a financial order (whether or not made...

Produced in partnership with David Salter, deputy High Court judge and Recorder 8th Jan

COVID-19

Q&As