2020

Vulnerable witness, domestic abuse and special measures- the importance of ensuring a fair trial.

This article explores the approach a court should take in relation to vulnerable witnesses, in particular those that have experienced domestic abuse. The recent case of H v F [2020] EWHC 86 (Fam) demonstrates that a case will be successful on appeal if the correct procedures are not complied with. Re H v F [2020] Continue reading

Tick the box at your peril: a warning for lawyers completing the Pension Sharing Annex form P1

Financial remedy lawyers are familiar with the Form P1 Pension Sharing Annex under section 24B of the Matrimonial Causes Act 1973. It records the instructions for how to share a party’s pension and who is to bear the cost, and also contains the parties’ details. It is approved by the court and sent to pension Continue reading

‘Neglect in childhood causes children to have smaller brains’

Early childhood deprivation through neglect and adversity is associated with alterations in the brain structure as adults, despite environmental enrichment in intervening years, according to an article published on the Proceedings of the National Academy of Sciences of the USA (PNAS) on 7.1.2020. The research, carried out by King’s College London, examined the MRI data Continue reading

Parental alienation- the duty to identify at an early stage or risk getting it wrong.

This article explores the recent judgment in Re A (Children) (Parental alienation) [2019] EWFC. Re A is a long, drawn out case involving a mother’s repeated inability to promote the children’s relationship with their father. Professionals concluded that she had at best “allowed the demonisation of the father and, at worst, actively encouraged this demonisation Continue reading

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019)

Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds Continue reading

Fixed Costs in Civil Proceedings

The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply. Continue reading