Please take note of the attached Practice Guidance on Financial Remedy Proceedings after a Foreign Divorce.
The Guidance is from His Honour Judge Rogers, Financial Remedies Circuit Judge for the Midland Circuit.
His Honour recommends the adoption of the approach outlined by Holman J in Barnett v Barnett [2014] EWHC 2678, and that such cases should be issued locally.
Read MorePlease find attached His Honour Judge Bellamy’s Christmas Newsletter
Read MorePlease take note of the above case report – Re V (A Child:Identification of Perpetrator) (28th October 2014)
The Judgment was handed down by His Honour Judge Bellamy. The court was asked by the local authority to identify which of the multiple injuries suffered by the child were non-accidental injuries and to identify the perpetrator of those injuries. During the course of the judgment, His Honour Judge Bellamy reviewed the principles of Re M (A Child) [2010] EWCA Civ 1467 and analysed a submission of an ‘unknown cause’ giving rise to the injuries, as per the case of R v Henderson, Butler and Oyediran [2010] EWCA Crim 1269.
Read MorePlease take note of the above case report-
The judgment of His Honour Judge Bellamy in H (A Child – Breach of Convention Rights – Damages) [2014] EWFC 38 addresses the successful claim for damages in care proceedings for breach of the parents’ human rights.
The parents asserted that the way the local authority dealt with the case before proceedings were issued gave rise to a breach of their Article 6 and Article 8 rights pursuant to the Convention for the Protection of Human Rights and Fundamental Freedoms. Their claim for relief was brought pursuant to section 7(1)(b) of the Human Rights Act 1998 for damages and declarations pursuant to section 8 of the Human Rights Act 1998.
Read MorePlease take note of the above case report – M (A Child : Failure to Comply with Achieving Best Evidence) [2014] EWFC B141 (27 October 2014)
The Judgment was handed down by His Honour Judge Bellamy and deals with, in particular, failure to comply with ABE Guidance by the Police to such an extent that no evidential value could be placed on the interviews. The court was seeking to identify the perpetrator of injuries that were accepted to have been non-accidental.
His Honour expressed his deep concern that such large scale non-compliance still exists. This judgment is the third such occasion that the criticisms have been made by His Honour and similar criticisms were made in an unreported judgment, disclosed to the Chief Constable, in 2011.
The Chief Constable is to confirm to His Honour steps to ensure proper Police training within 28 days.
Read MorePlease be aware of the latest Department for Education guidance for Local Authorities, Social Workers and Child Protection lawyers in relation to necessary steps and practical guidance in cases with a foreign element.
Read MoreIn his new role as Family District Liaison Judge for the Midland Circuit, Mr Justice Keehan has today issued a Practice Note with respect to listing Family Court and Court of Protection cases before Deputy High Court and High Court Judges.
The Practice Note is available to download here.
Read MorePlease take note of the attached President’s Practice Guidance: Without Notice Non-Molestation Orders issued today.
This makes clear what terms should be included in without notice non-molestation injunctions in relation to the duration of the order and the return provisions.
Read MoreIn liaison with legal officers from both of our area Local Authorities, I have prepared the attached Practice Guidance for Social Workers on the preparation of statements, assessments and chronologies.
I hope that the Guidance will assist local social workers in preparing cases for presentation at court as efficiently and succinctly as possible, in accordance with the PLO Guidance. It should also enable advocates, Judges and court users to navigate their way more easily through local authority evidence. The Guidance applies with immediate effect.
The Guidance should be read in conjunction with the Public Law Outline and the national Guidance for Completing Social Work Statements. These documents, together with the Initial Case Analysis and Final Statement templates, can be downloaded from the PUBLIC LAW section of our Resources page.
Read MorePlease take note of the recently published judgment handed down by HIs Honour Judge Bellamy on 3rd September 2014 in the case of Leicestershire County Council v T (Care Order: Placement Order) [2014] EWFC B119.
The case concerns the placement of a child and considers issues of delay and the justifications for delay, expert evidence, alcohol misuse evidence and proper Re: B-S analysis and compliance.
The judgment follows an earlier published judgment in the same case handed down on 4th May 2014 when the proceedings were at 42 weeks [Re T (A Child: Delay – Extension – further assessments) [2014] EWFC B51].
The earlier judgment also considered delay and the justifications for delay in the context of additional expert evidence and assessment, and in the context of a re-emergence of a family member as a potentially viable option.
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