News News

  • Opposing return of children to jurisdiction

    The Court of Appeal recently ruled in an appeal in which two members of chambers appeared. Marianna Hildyard QC and Kieran Pugh represented the mother and successfully appealed against the decision of a Section 9 Judge who had ordered the return of a child lawfully removed from the jurisdiction. 

    See Re: S (A Child) [2010] EWCA 465

     

     

  • Advocacy In Childcare Public Law Proceedings 2010

    Jacqui Gilliatt & a team from 4 Brick Court will be presenting this 1 day seminar for Jordans on Tuesday 30th March 2010 at a Central London venue.  For more information & booking information see the Jordans website entry.

  • Bracewell Memorial Essay Competition

    Ella Shaw was the runner up in the 2009 Bracewell Memorial Essay Competition. Read her award winning entry here.

  • Podcasts

    Podcasts online with Jacqui Gilliatt & Ella Shaw.

     

     Jacqui Gilliatt has recently done a podcast with John Bolch of Family Lore & Family Lore Focus.  Click to link to Jacqui Gilliatt's podcast.

     

    Jacqui's pupil, Ella Shaw, has also been podcasting with blawger CharonQC and her podcast is here

     

    In case you missed it Jacqui was also interviewed in November by Natasha Phillips of the Divorce Manual blog.

  • Standard of Proof in Care Proceedings

    The House of Lords ruled on 11th June 2008 in an appeal in which three members of  4 Brick Court Chambers appeared before their Lordships on 19th and 20th May 2008. Marianna Hildyard QC and Isabelle Watson represented the Respondent father and Stuart Fuller (led by Stephen Cobb QC of 1 Garden Court Chambers) represented the Appellant children (through their Children’s Guardian). CAFCASS intervened.

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Articles listing » Family General » Jargon Buster D


Jargon Buster D

DAPF

See: Detailed Assessment Publicly Funded Costs.

Decree Absolute

The decree from the court to say that a divorce is fully settled. A person may re-marry only after they have received the decree absolute.

Decree Nisi

A Decree Nisi is the first of two decrees you must have before you are finally divorced and free to re-marry. Having obtained the Decree Nisi you must wait a minimum of six weeks before applying for a Decree Absolute.

Defendant

Person against who court proceedings are brought, in family proceedings they are normally called respondents.

Detailed Assessment Publicly Funded Costs

An order allowing the lawyers advising people in receipt of public funding (legal aid) to obtain their costs from the Legal Services Commission.

http://www.legalservices.gov.uk/

Directions Hearing

A hearing at court when the Judge gives directions for the on-going management of a case. Typically, directions will require documentation to be provided by a certain time before the hearing, experts to be instructed, statements to be filed...etc.

Discharge of Care or Supervision Order

An order bringing an end to a care or supervision order.

Disclosure

In family proceedings there is an obligation to give full and frank disclosure of any documents or materials relevant to the issues in the case.  Failure to do so can result in cost orders being made against a party and orders being set aside.  The family courts have a wide range of powers to obtain disclosure against a party whom it suspects is not being honest in their disclosure and orders can be made to obtain documents from people who are not involved in the case in appropriate circumstances.

Disposal

The second part of a split hearing in public law family cases where the court decides how best deal with the interests of the children and what orders to make, if any, following information provided and facts found at the causation hearing.  This hearing is also called the outcome or welfare hearing.

Dissolution

A civil partnership is dissolved upon termination.  The procedure is broadly the same as a divorce but instead of a decree nisi there is a conditional order and instead of a decree absolute there is a final order.

District Judge

District Judges are full time judges who sit mainly in a County Court but can also sit in a district registry of the High Court.  They will mainly wear a business suit but they can wear a wig and gown in open court.

Judiciary of England and Wales

Divorce

The dissolution of a marriage.

DNA testing

A scientific test used to determine the paternity and maternity of a child.

Domestic Violence

A pattern of controlling and aggressive behaviour from one adult, to another within the context of an intimate relationship.

See http://www.womensaid.org.uk /

Domicile

This is normally the country where a person lives and which they intend to be their permanent home.

DJ

See: District Judge

Drug Abuse

A person abuses drugs when they habitually use drugs as a method of altering their behaviour or state of mind for non-medical purposes. Drug abuse and addiction are considered serious social issues that can affect a person's quality of life in terms of motivation and success. It is not uncommon for habitual drug use to strain a person's family relationships and impair work or school performance.