Law Online Blog

Application to a High Court judge What judge does a child (Mary) apply to if she wants an order under Children Act 1989 (CA 1989), s 8: that is, say, where Mary wants to ask the court for which... Read more

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Some definitions…. Terms such as ‘coercive control’ and ‘stranding’ are used increasingly freely by family lawyers. Most of us have a broad idea of what they mean, but what do they mean in law? Under... Read more

Anonymity and non-parties Though parties to family proceedings, and perhaps their lay witnesses, are entitled to expect anonymity in first instance proceedings, professional witnesses do not have the... Read more

Case Summaries Re KN (A Child) (Art 15 Transfer) [2020] EWCA Civ 1002 (30 July 2020) – Appeal of mother of disturbed 13-year-old against order that the proceedings should be transferred to the French... Read more

Signing a statement of truth If a witness’s or a party’s statement – signed with a statement of truth – is said to be incorrect, or untruthful, can the witness or party blame the solicitor who... Read more

Principles for operation of inherent jurisdiction to order release Dring v Cape Intermediate Holdings Ltd [2020] EWHC 1873 (QB) (16 July 2020), Picken J is the next stage in the long-running case on... Read more

An individual who asserts must prove In Emmanuel v Avison & ors [2020] EWHC 1696 (Ch) (8 July 2020), Birss J considered, amongst other things, on whom the burden of proof where a claimant applied to... Read more

Case Summaries Re SX (A Child) [2020] EWHC 1573 (Fam) (1 June 2020), Lieven J – Care proceedings concerning a four year old child (now in foster care) following the unexplained death of his sister... Read more

Counsel’s opinion as ‘evidence’ How often has an advocate at a final hearing had to remind the court and his or her opponent that what is in a document is not evidence, unless the document is proved... Read more