News News

  • Give someone else a voice

    4 Brick Court's running team took part in the Great South Run (10 miles in Portsmouth on 26th October)on behalf of a favourite charity and your support would be greatly appreciated by the many children who have come to depend on VOICE.  VOICE is a charity entirely dedicated to giving support advice and assistance to the 60,000 children in care in the UK at any one time.

     

    The team from chambers included Jacqui Gilliatt, Louise MacLynn, Francis Cassidy, Lee Pearman and Paul Carver, joined by Jacqui's husband, John Sullivan, his friend David Parkinson and Jacqui's friends Carolyn & Tim Cobbold.

    You can log on to our Just Giving website and translate our pounding the pavements of Portsmouth in to pounds for this charity.

    Alternatively we will be happy to receive cheques made out to Voice at 4 Brick Court.

     

    Click to find out more about VOICE

  • New files on 4bc Website

    We have recently added to our website - the June 2008 updater - the Jargon Buster from A to Z (in  Family Law General) & the Family Law Bibliography (also in Family Law General).

  • 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.

  • Domestic Violence Practice Direction

    This Practice Direction came into force on 9.5.08.  See also the comments of Robert Stevens reported on the Family Law Week blog.

  • PLO Guidance for London

    Judge Altman, the Designated Judge for London, has issued an Initial Local Plan for London dated 10th April 2008in respect of the implementation of the Public Law Outline (which is already in force). It applies to the London Care Centre which means the PRFD & Barnet, Kingston & Croydon County Courts & is relevant also to cases transferred into those courts from the FPCs.

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Articles listing » Monthly Family Law Updaters » Family Law Updater January 2008




News
Drug and Alcohol programme introducedat Inner London FPC
New Proposals Revealed to Publish Decisions in Children Cases
Software Review: Express Pension Valuation Online
Public Law Outline


Public Law Cases
Court of Appeal Decision on Legal Services Commission Unified Contract
RE C (A CHILD) v (1) XYZ COUNTY COUNCIL (2) EC [2007] EWCA Civ 1206
Thorpe LJ, Arden LJ, Lawrence Collins LJ Date of Decision: 23 November 2007
JFM v (1) NEATH PORT TALBOT BOROUGH COUNCIL (2) TM, JM CM [2008] EWCA Civ 3
Judgment giving reasons for dismissing an appeal against findings of fact in care roceedings. Thorpe Wall LJJ 15th January 2008
B (Children) [2008] EWCA Civ 282
It was for the House of Lords and not the Court of Appeal to consider whether the legal position had been correctly stated in Re HR [1996] 1 FLR 80; Re ON [2003] 1 FLR 1169; and Re MR [1996] 2FLR 195 in relation to care proceedings where future risk to a child was neither probable nor improbable.


Reports & Consultations
Forced Marriage (Civil Protection) Act 2007


Ancillary Relief
JOHN DIXON v JOSEPHINE MARCHANT [2008] EWCA Civ 11
Ward LJ, Wall LJ, Lawrence Collins LJ 24 January 2008 A husband had failed to show that his former wife's remarriage shortly after a consent order had provided for payment of a lump sum to capitalise her periodical payments constituted an event which invalidated the basis or fundamental assumption upon which the order was made.
SW v RC [2008] EWHC 73 (Fam)
Singer J 24 January 2008 Where F had maintained an affluent lifestyle and made maintenance payments from capital and borrowings and applied for a reduction in maintenance payments due to an agreement that the maintenance payments would only be made from income, it was for the father to demonstrate that his credit-raising abilities had reached their limit.
Ancillary Relief Update (January 2008)


Articles
The Risk Fallacy: a Tale of Two Thresholds by Mr Justice Ryder
This article is based on the NYAS Lecture given in November 2007.
Section 91(14) Orders - An Update by Rhiannon Davies
This article reviews the latest judicial thinking surrounding applications for s91(14) Children Act orders
Where Does Our Client Live? Habitual Residence Residence Under Brussels II (Revised) after Marinos by Nick Allen
Developing International Family Justice: The Role of the Legal Secretary to Lord Justice Thorpe by Delia Williams
EU Law English Family Law: Where Do We Now Stand? by Tim Scott QC Clare Renton


Private Law Cases
SW v SW Anor [2008] EWHC 1890 (Fam)
Appeal and application for rehearing by father against findings of judge in protracted contact litigation. Appeal dismissed.