Access to Family Court documents under the open justice principle – Transparency Project

Posted March 26th, 2025 in appeals, BBC, disclosure, family courts, news, reporting restrictions by sally

‘Journalists and legal bloggers (reporters) are normally allowed to see certain types of documents under the Reporting Provisions that came in this year, and earlier during the Reporting Pilot. Sometimes reporters ask to see other relevant documents, and there’s a process for applying to do this. This blog post is about a case where the BBC have been following a case in the family courts in which they asked for, and were given permission to see, certain extra documents. However, other parties in the case weren’t happy about this and applied for permission to appeal (PTA) against that order for disclosure of the documents.’

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Transparency Project, 24th March 2025

Source: transparencyproject.org.uk

Protocol issued on disclosure of information between Coroners and Family Court in cases involving fatality – Local Government Lawyer

Posted March 26th, 2025 in coroners, disclosure, family courts, news, practice directions by sally

‘The President of the Family Division and the Chief Coroner have this week (24 March) published guidance on good practice for Family Court Judges and Coroners where there are parallel proceedings in their jurisdictions.’

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Local Government Lawyer, 25th March 2025

Source: www.localgovernmentlawyer.co.uk

2025 Protocol and Good Practice Model: Disclosure of information between Coroners and the Family Court in cases involving fatality – Courts and Tribunals Judiciary

Posted March 25th, 2025 in coroners, courts, disclosure, families, family courts, inquests, news by sally

‘The President of the Family Division and the Chief Coroner are pleased to announce the publication of a new protocol, which takes effect today: the “2025 Protocol and Good Practice Model: Disclosure of information between Coroners and the Family Court in cases involving fatality”.’

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Courts and Tribunals Judiciary, 24th March 2025

Source: www.judiciary.uk

Ban on unregulated experts in family courts proposed for England and Wales – The Guardian

Posted March 24th, 2025 in children, expert witnesses, family courts, news by sally

‘Unregulated experts could be banned from the family courts under new proposals for proceedings involving children in England and Wales. The Family Procedure Rule Committee, which sets the rules in family court cases, has proposed changes to the rules, which are now out for public consultation. It follows growing concern from MPs and campaigners about court-appointed experts who advise on life-changing decisions without having the necessary qualifications. But some organisations say it does not go far enough.’

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The Guardian, 22nd March 2025

Source: www.theguardian.com

Journalist attendance at Family Court hearings – Local Government Lawyer

‘Charlotte Epstein dives into the decision to allow journalists to observe and report on family court hearings. Implemented following a successful pilot, the aim is to increase public understanding and awareness of the Family Courts.’

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Local Government Lawyer, 19th March 2025

Source: www.localgovernmentlawyer.co.uk

‘I Want to Relinquish my Child for Adoption; Does the Father or my Family Have to Know?’ – Becket Chambers

‘This article will cover the relevant case law for a mother wishing to dispense with the duty to notify the father and/or wider family of a child’s birth and will explore instances where the mother alleges domestic abuse, familial breakdown or significant cultural/religious factors which influence her decision. There are a plethora of reasons for wishing to retain anonymity, and this article is non-exhaustive.’

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Becket Chambers, 11th March 2025

Source: becket-chambers.co.uk

Guidance on citation of judgments as ‘authorities’ – Transparency Project

Posted March 3rd, 2025 in family courts, judgments, news by sally

‘Not all judgments are created equal. Some, by more senior judges or courts (essentially High Court judges or above), may be regarded as primary or binding ‘authority’ for the propositions of law which they contain. They lay down the law, which lesser courts and judges must follow. Courts of the same or equivalent standing must think twice before departing from those rulings, but more senior courts can, and sometimes do, decide differently and may even ‘over-rule’ them. In such a case, it will be the higher court’s ruling, or precedent, that takes precedence.’

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Transparency Project, 28th February 2025

Source: transparencyproject.org.uk

Addiction and divorce: challenges for the client and the adviser – Kingsley Napley Family Law Blog

‘As family lawyers, we are used to meeting our clients at a time when they are at their most vulnerable. This is intensified when addiction is present within a family. Divorce or separation places an added burden upon everyone involved and those individuals are likely to have experienced or still be experiencing the destruction that addiction can cause, some of it obvious and some of it less so.’

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Kingsley Napley Family Law Blog, 14th February 2025

Source: www.kingsleynapley.co.uk

Millionaire’s £18m ‘promise’ made to ex over lavish lunch not legally binding – The Independent

Posted March 3rd, 2025 in families, family courts, financial provision, news, trusts by sally

‘A multi-millionaire’s ex who claimed she was promised half their £18m family house during “lunch on a snowcapped mountain” has lost her court fight after a judge found the meeting was an “elaborate performance” to keep her happy when he failed to marry her.’

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The Independent, 3rd March 2025

Source: www.independent.co.uk

Family President publishes guidance for judges on writing to children in family court proceedings – Local Government Lawyer

‘The President of the Family Division, Sir Andrew McFarlane, has issued guidance for family judges on when, how and why to write to children in family court proceedings.’

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Local Government Lawyer, 26th February 2025

Source: www.localgovernmentlawyer.co.uk

Family Law Newsletter – Spire Barristers

‘Family Law Newsletter – January 2025; Articles, news, legislation updates and case updates from Care Proceedings, Private Law and Financial Remedy matters.’

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Spire Barristers, 14th January 2025

Source: www.spirebarristers.co.uk

Deprivation of liberty, children, care orders, and overlooked caselaw: a tangle for the Court of Appeal – Mental Capacity Law and Policy

‘West Sussex County Council v AB & Anor [2025] EWCA Civ 132, concerned a very challenging situation. It concerned a 17 year old woman with complex needs.’

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Mental Capacity Law and Policy, 20th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

Law firm ordered to pay wasted costs after failing to instruct counsel – Legal Futures

‘A law firm was negligent in failing to prepare for a three-day hearing or instruct counsel for it, a Family Court judge has ruled in making a wasted costs order.’

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Legal Futures, 25th February 2025

Source: www.legalfutures.co.uk

High court orders legal aid firm to pay costs in family case – Law Society’s Gazette

‘A family law firm has been ordered to pay costs of the other party after the High Court found it was negligent in the preparation of a family case for a three-day hearing.’

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Law Society's Gazette, 24th February 2025

Source: www.lawgazette.co.uk

Mother seeks court’s permission to ‘tell her story’ in legal first – Law Society’s Gazette

‘A mother whose rape allegation was wrongly dismissed is asking the High Court for permission to speak out about her case.’

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Law Society's Gazette, 20th February 2025

Source: www.lawgazette.co.uk

Judicial Anonymity? Not this time. – UK Human Rights Blog

‘In Tickle & Anor v The BBC & Ors [2025] EWCA Civ 4, the Court of Appeal considered the High Court’s decision to anonymise the names of several judges who had made decisions in historic care proceedings and private family law proceedings (“the historic proceedings”).’

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UK Human Rights Blog, 17th February 2025

Source: ukhumanrightsblog.com

Judge’s sperm donor warning over man who ‘fathered 180 children’ – BBC News

‘A sperm donor who claims to have fathered more than 180 children has been used by a judge to warn of the dangers of unregulated sperm donation.’

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BBC News, 11th February 2025

Source: www.bbc.co.uk

Deprivation of liberty and profound disability – an urgent need for appellate clarification – Mental Capacity Law and Policy

‘Another in the Lieven J-inspired line of challenges to Cheshire West can be found in Re V (Profound Disabilities) [2025] EWHC 200 (Fam), concerning a 15 year old boy with “profound enduring disabilities”.’

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Mental Capacity Law and Policy, 10th February 2025

Source: www.mentalcapacitylawandpolicy.org.uk

What to Do Where One Spouse Will Not Co-operate with a Court-Ordered Sale? – Financial Remedies Journal

‘The recently reported case of WZ v HZ [2024] EWFC 407 (B) (1 May 2024) provides guidance on how to manage the common occurrence of one spouse holding out in the family home despite an order for sale.’

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Financial Remedies Journal, 6th February 2025

Source: financialremediesjournal.com

Local authorities cannot authorise deprivations of liberty of children in care, Court of Appeal rules – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over whether a local authority can authorise the deprivation of liberty of a 14-year-old boy in exercise of its parental responsibility under a care order.’

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Local Government Lawyer, 6th February 2025

Source: www.localgovernmentlawyer.co.uk