Refine By
Clear all filter
About 92723 results for "*"
NEWS
The President of the Family Division, Sir Andrew McFarlane, has released new guidance for family judges on writing to children involved in court proceedings. The guidance was developed in collaboration with the Family Justice Young People’s Board and aims to improve communication by providing a toolkit that helps judges explain their decisions to children. The initiative seeks to make such communication a standard practice, ensuring children understand and can process the outcomes of their cases.
NEWS
The President of the Family Division, Sir Andrew McFarlane, has published guidance on the citation of authorities in relation to judgments of circuit judges and district judges. Increased transparency has led to an increase in the publication of judgments by Family Court judges below High Court level. Current guidance suggests that district judges should aim to publish a minimum of five judgments per year; circuit judges, between five and ten. In the Financial Remedies Court (FRC), publication of judgments below High Court level has been explicitly encouraged for some time as decisions at High Court judge level and above are not representative of the vast majority of cases. Publication of FRC judgments by circuit and district judges therefore promotes greater transparency and a consistency of approach. The President notes that the Practice Direction on the citation of authorities [2001] WLR 1001 (providing when a judgment below High Court level may be cited) has not always been followed. The guidance sets out new principles that judgments at circuit and district judge level should not be cited unless they contain an express statement that the judge intends that the judgment should be citable (ie relied upon in the future in respect of that legal issue).
NEWS
On 19 June 2024, the President of the Family Division, Sir Andrew McFarlane, published Transparency in the family courts—publication of judgments practice guidance (the guidance). The guidance is part of the concerted move towards greater transparency in the Family Court and aims to provide practical advice to judges, legal advisors and magistrates so that all may be supported in publishing judgments on a more regular basis. The guidance applies to all tiers of judiciary sitting in the Family Court and Family Division, and in all areas of its jurisdiction, including both children and financial remedy matters. The guidance replaces the Transparency in the Family Courts, Publication of Judgments, Practice Guidance issued on 16 January 2014 by Sir James Munby and Practice Guidance: Anonymisation and Avoidance of the Identification of Children and the Treatment of the Sexual Abuse of Children in Judgments Intended for the Public Arena, issued By Sir Andrew Macfarlane, in December 2018.
NEWS
Family analysis: The President of the Family Division, Sir Andrew McFarlane, considered an application to set aside findings made against a mother in 2019 that had led to the transfer of her children's residence and no contact orders. He was critical of the way allegations of alienating behaviour had been managed and determined and concluded that every agency involved in the case could be seen to be at fault. He applied and upheld the December 2024 Family Justice Council Guidance on alienating behaviour, the September 2023 guidance issued jointly by the Family Justice Council and the British Psychological Society on the standards and competencies expected of psychologists acting as expert witnesses in family proceedings, and his earlier judgment in Re C (Parental Alienation: Instruction of Expert). He also upheld P v M and O v C. The President provides clear guidance on instructing expert psychologists, alienating behaviour and challenging previous findings. Sacha Lee, associate at Dawson Cornwell LLP considers the decision.
NEWS
Employment analysis: The President of the Employment Tribunals in Scotland, Susan Walker, has published Presidential Guidance on open justice in employment tribunal proceedings in Scotland. The new Scottish guidance addresses observation of hearings in person and remotely, rules for observers to follow, live tweeting of hearings, access to witness statements and other case materials, transmission of the hearing to facilitate high numbers of observers, and the prohibition on recording of hearings. The guidance takes effect from 14 July 2025.
NEWS
The Presidents of the Employment Tribunals in England & Wales and Scotland have issued a seventh addendum to their guidance on Employment Tribunal awards for injury to feelings and psychiatric injury. The updated guidance increases the Vento bands for making awards for injury to feelings in discrimination claims so that it is aligned with changes to the Retail Price Index All Items Index, which was released on 20 March 2024.
NEWS
Employment analysis: The President of the Employment Tribunals in England and Wales, Judge Barry Clarke and the President of the Employment Tribunals in Scotland, Susan Walker KC have sent a joint letter to members of the employment tribunal national user group in relation to a number of matters, most notably the implementation of the Practice Directions on the Presentation of claims, responses and statutory appeals (PDs on claims and responses) from 00:00:01 on 21 May 2025. The letter also covers the release of functionality that enables unrepresented respondents to submit digital applications via the Citizen portal to the Employment Tribunals, a special joint national user group meeting for both employment tribunal jurisdictions on digital practices including the use of the MyHMCTS and Citizen portals, and recording of employment tribunal hearings.
NEWS
On 17 December 2025, the President of the Family Division, Sir Andrew McFarlane, published new guidance on non-molestation orders under the Family Law Act 1996 (FLA 1996). This replaces the Practice Guidance on non-molestation injunctions under FLA 1996 dated 14 July 2023 and includes two annexes, an updated template for a non-molestation order under FLA 1996, s 42 and Form FL435 (Response to a non-molestation order). The revised guidance comes into effect on 12 January 2026.  In tandem, the Family Justice Council has issued best practice guidance for practitioners on making an application for a protective injunction under FLA 1996, which includes a model witness statement.  This follows the President’s speech on 14 November 2025 to the Association of Lawyers for Children annual conference (see LNB News 18/11/2025 42).
GLOSSARY
A presiding judge is the judge who has primary responsibility for managing and directing a particular court, hearing or group of cases. They control the conduct of proceedings, determine case management timetables, rule on procedure and evidence, and usually deliver the court’s judgment or direct the jury on the law. The term is generally descriptive rather than a formally defined statutory office. In England and Wales, “Presiding Judge” also refers to senior High Court judges appointed to oversee the work of a circuit, including deployment of judges and supervision of case allocation. In Scotland, sheriffs principal and designated judges similarly preside over courts and programmes of work. In Northern Ireland and Ireland, the expression is used to identify the judge in charge of a particular court or list, for example the presiding judge in a criminal, commercial or family list. In all jurisdictions, the presiding judge’s role is central to case management efficiency, fair trial rights, courtroom decorum and ensuring proceedings comply with procedural rules and substantive law.
GLOSSARY
Press Complaints Commission (PCC): the UK’s independent self-regulatory body dealing with complaints relating to editorial content of newspapers and magazines in addition to their websites. The UK print media funds the PCC and voluntarily adheres to the Editors’ Code of Practice. With no legal powers to either impose fines or refer breaches of the Code for further action, the PCC was heavily criticised for its inaction following the phone hacking scandal and is to be replaced by a new independent regulator in the wake of the Leveson inquiry.
NEWS
Law360: The Pensions Action Group (PAG) has called on members of the House of Lords to back reforms that would see arrears payments made to retirees previously denied inflation-linked pension increases.
GLOSSARY
A closed, strong-walled container housing the core of most power reactors and designed to hold gases or liquids at high pressures. It usually also contains the moderator, neutron reflector, thermal shield, and control rods.