Bloomsbury Family Law Briefing November 2023

November 9, 2023

The November issue of the Bloomsbury Family Law Briefing is now available for subscribers. 


P v F [2023] EWHC 2730 (Fam) (30 October 2023), MacDonald J – Final no contact and Children Act 1989, s 91(14) order made by a circuit judge in respect of 12-year-old twins at a dispute resolution appointment (DRA). Father’s appeal was allowed on grounds reconstituted by President of the Family Division.

HM Solicitor General v Wong (Re Contempt of Court Act 1981 - Administration of Justice Act 1960 - Part 37 Family Procedure Rules 2010) [2023] EWHC 2684 (Fam) (27 October 2023), Cobb J – Contempt found. Father of child recorded part of adoption proceedings concerning his child. Adjourned for sentencing.

Tousi v Gaydukova [2023] EWHC 404 (Fam), [2023] WLR(D) 403 (27 February 2023), Mostyn J –Parties were not to be treated as spouses for Family Law Act 1996, Sch 7 para 1. Therefore power to transfer the tenancy had been validly exercised by the judge as between cohabitants.

Re D (A Child)(Abduction: Child's Objections: Representation of Child Party) [2023] EWCA Civ 1047 (14 September 2023) – Solicitor treated as giving expert opinion evidence as to a child’s wishes in child abduction proceedings, Civil Evidence Act 1972, s 3(1).

R (Jwanczuk) v Secretary of State for Work and Pensions [2023] EWCA Civ 1156, [2023] WLR(D) 414 (11 October 2023) – The Court of Appeal dealing with human rights (eg discrimination) and equivalent legislation in Northern Ireland and England and Wales, should not depart from decisions of equivalent UK jurisdictions, save if a decision was clearly wrong. 

Deutsche Bank AG v Sebastian Holdings Inc [2023] EWHC 2563 (Comm) (16 October 2023), Henshaw J – Review of meaning of the ‘slip rule’ and of its operation in practice.


Family Procedure Rules 2010, Pt 18 orders in family proceedings

Operation of interim order applications is central to the way family proceedings and their case management work. Family Procedure Rules 2010 (FPR 2010), Pt 18 – and its civil proceedings counterpart in Civil Procedure Rules 1998 (CPR 1998), Pt 23 – are essential to the progress of many cases. This article outlines the framework of FPR 2010, Pt 18 and emphasises its essential components in family proceedings, namely:

  • When the procedure must be used;
  • How an application should be pleaded (FPR 2010, r 18.7); and
  • How it can be used to enable the court to make an order without a hearing.

The article concludes by considering particular aspects of the procedure such as where an order can be varied or set aside by the respondent to the order.

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