Updates from the Bench

Re L (Case Management: Wasted Costs)

HHJ Bellamy has recently handed down judgment in Re L (Case Management: Wasted Costs) [2016] EWFC B8 in which he makes wasted costs orders against all legal representatives in a case involving a late adjournment of a fact finding hearing.

The judgment sets out in detail the expectations of legal representatives handling cases in the family court, and HHJ Bellamy’s view that any failure to comply with the duties identified which leads directly to the adjournment of a hearing is likely to be considered negligent in the context of wasted costs.

Rights of audience

Trainee solicitors and legal executives should be aware that a certificate of suitability will be required, with approval from the Designated Family Judge, before rights of audience will be granted to appear in family cases.

A comprehensive guidance document can be found here, together with the Justices Clerks’ Society Rights of Audience Guidance for the background to the rules.

Bundle compliance letter

HHJ Bellamy has issued guidance in relation to the compliance letter to be included with bundles filed at the Family Court.

S.31 Children Act – Pre-Proceedings Protocol

Designated Family Judge HHJ Bellamy, in consultation with Leicester City Council and Leicestershire County Council, has issued an updated Pre-Proceedings Protocol for child protection cases which may be brought under s.31 Children Act 1989.  Social workers and lawyers alike should familiarise themselves with the protocol, which aims to divert cases from court where possible, and to ensure that cases are fully and properly prepared if they are brought before the court.

The protocol replaces the Pre-Proceedings Protocol of July 2014.

The protocol can also be downloaded from our INFORMATION CENTRE.

Section 20 Practice Guidance

In the light of recent developments in case law in respect of the use (and misuse) of s.20 Children Act 1989 by local authorities when children are voluntarily accommodated in their care, Leicester Designated Family Judge HHJ Bellamy has issued local Section 20 Practice Guidance.

The guidance brings together principles from the case law, statutory guidance and aims to ensure compliance with the Human Rights Act 1998.  It is recommended reading for all practitioners and social workers who deal with child protection cases.  It can also be downloaded from our INFORMATION CENTRE.

Consultations – Bundles and Adoption Hearings

President of the Family Division, Sir James Munby, has issued two consultation documents in respect of which he invites responses to andrew.shaw@judiciary.gsi.gov.uk before 1st March.

The first, in respect of proposals to curtail the length of certain case management and evidential documents in order to aid compliance with the 350-page bundle limit under PD27A, can be downloaded here.

The second, in respect of proposed new guidance for the listing of adoption hearings, can be downloaded here.

Responses are encouraged, as your views will be taken into account by the President when redrafting relevant practice directions.