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4 King’s Bench Walk

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Chris Bryden
Chris Bryden
Barrister
4 King’s Bench Walk
Katherine Illsley
Katherine Illsley
4 King’s Bench Walk
Victoria Adams
Victoria Adams
Barrister
4 King’s Bench Walk
Contributions by 4 King’s Bench Walk Experts

1514

Witness evidence in family proceedings
Witness evidence in family proceedings
Practice notes

This Practice Note sets out the general approach to witness evidence in family proceedings as provided for in the Family Procedure Rules 2010 (FPR 2010), Pts 22 and 24, and the format such evidence should take, including where a witness is unable to read or sign their statement and in relation to a non-English speaking witness. It also provides guidance on filing and service, witness summonses, requirements for both interim and final hearings, deposition evidence and the memorandum issued by the President of the Family Division on witness evidence in November 2021.

Will the RNRB be available where the occupier of the property had a lease for life?
Will the RNRB be available where the occupier of the property had a lease for life?
Q&As

Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act 1954?
Will using a landlord break clause in the last year of a commercial lease, have the same effect as contracting out of the Landlord and Tenant Act 1954?
Q&As

With an assured shorthold tenancy governed by the rent standard, and which defines ‘Rent’ to include service charges, are changes to the service charge implictly governed by the law relating to rent increases? Are service charges also constrained by the rent standard annual increase for rent cap of 0% if rent and service charges are integrated? Can an increase to the service charge be applied?
With an assured shorthold tenancy governed by the rent standard, and which defines ‘Rent’ to include service charges, are changes to the service charge implictly governed by the law relating to rent increases? Are service charges also constrained by the rent standard annual increase for rent cap of 0% if rent and service charges are integrated? Can an increase to the service charge be applied?
Q&As

With reference to the 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings, what case law deals with similar linking, but in relation to all children proceedings, not just care proceedings? What case law deals with concurrent criminal and private law proceedings?
With reference to the 2013 Protocol and Good Practice Model: Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings, what case law deals with similar linking, but in relation to all children proceedings, not just care proceedings? What case law deals with concurrent criminal and private law proceedings?
Q&As

With regards to housing disrepair matters, is the letter of authority/signed authority from the solicitor required together with the letter of claim before the pre-action protocol is engaged?
With regards to housing disrepair matters, is the letter of authority/signed authority from the solicitor required together with the letter of claim before the pre-action protocol is engaged?
Q&As

Within care proceedings both a birth parent (who has previously not cared for the child who is the subject of the proceedings) and a family member have been positively assessed by the local authority to care for the child. Is there a presumption in favour of a birth parent instead of a wider family member when the court is considering with whom the a child should be placed?
Within care proceedings both a birth parent (who has previously not cared for the child who is the subject of the proceedings) and a family member have been positively assessed by the local authority to care for the child. Is there a presumption in favour of a birth parent instead of a wider family member when the court is considering with whom the a child should be placed?
Q&As

Within divorce proceedings, a financial consent order was made including provision for child maintenance. Decree absolute has been pronounced and the maintenance order is now more than 12 months old. The payer’s earnings are now at a level that the court could make a top-up maintenance order. Should the payee apply to vary the original order, or apply for a maintenance calculation via the Child Maintenance Service and thereafter make an application under the Matrimonial Causes Act 1973 or Schedule 1 to the Children Act 1989?
Within divorce proceedings, a financial consent order was made including provision for child maintenance. Decree absolute has been pronounced and the maintenance order is now more than 12 months old. The payer’s earnings are now at a level that the court could make a top-up maintenance order. Should the payee apply to vary the original order, or apply for a maintenance calculation via the Child Maintenance Service and thereafter make an application under the Matrimonial Causes Act 1973 or Schedule 1 to the Children Act 1989?
Q&As

Within financial proceedings on divorce, an order made provision for a charge on the family home to be enforceable on the later of the child attaining the age of 18 or completing their secondary education. The child is now 18 and enrolled on a Business and Technology Education Council (BTEC) course at college. Does a BTEC equate to secondary education for the purposes of the order?
Within financial proceedings on divorce, an order made provision for a charge on the family home to be enforceable on the later of the child attaining the age of 18 or completing their secondary education. The child is now 18 and enrolled on a Business and Technology Education Council (BTEC) course at college. Does a BTEC equate to secondary education for the purposes of the order?
Q&As

Within ongoing proceedings for a child arrangements order, one of the parents wishes to change their name following harassment and stalking by the other parent. Are they able to inform the court of the new name without the other parent being informed and if so what is the procedure? Are there any implications of not informing the court of the new name, particularly as regards implementation of the child arrangements order?
Within ongoing proceedings for a child arrangements order, one of the parents wishes to change their name following harassment and stalking by the other parent. Are they able to inform the court of the new name without the other parent being informed and if so what is the procedure? Are there any implications of not informing the court of the new name, particularly as regards implementation of the child arrangements order?
Q&As

Within proceedings under section 8 of the Children Act 1989, an order was made to change a child’s name. As the child is now aged 16, will the order made by the court continue to have effect? If not, can a child over the age of 16 determine their own name contrary to the wishes of either parent and if so by what mechanism?
Within proceedings under section 8 of the Children Act 1989, an order was made to change a child’s name. As the child is now aged 16, will the order made by the court continue to have effect? If not, can a child over the age of 16 determine their own name contrary to the wishes of either parent and if so by what mechanism?
Q&As

Within public law proceedings, a child is in the care of a family member and the local authority long term care plan is for child to remain there under a special guardianship order. The family member would prefer a child arrangements order to be made. Can the court impose a special guardianship order where the party who would be named in the order would prefer a different order to be made?
Within public law proceedings, a child is in the care of a family member and the local authority long term care plan is for child to remain there under a special guardianship order. The family member would prefer a child arrangements order to be made. Can the court impose a special guardianship order where the party who would be named in the order would prefer a different order to be made?
Q&As

Would a (prospective) claimant Part 36 offer made in pre-action correspondence be invalidated if the proposed defendant were then to issue a claim over the same subject matter and therefore the offeror became the defendant?
Would a (prospective) claimant Part 36 offer made in pre-action correspondence be invalidated if the proposed defendant were then to issue a claim over the same subject matter and therefore the offeror became the defendant?
Q&As

Would a chlorine allergy be classed as a disability under the Equality Act 2010? Would a landlord’s duty to make reasonable adjustments apply to a request relating to an allergy?
Would a chlorine allergy be classed as a disability under the Equality Act 2010? Would a landlord’s duty to make reasonable adjustments apply to a request relating to an allergy?
Q&As

Would a covenant in a lease stating 'not to use the flat otherwise than as a private residential property' prevent the use of the flat for a holiday letting or a six-month assured shorthold tenancy?
Would a covenant in a lease stating 'not to use the flat otherwise than as a private residential property' prevent the use of the flat for a holiday letting or a six-month assured shorthold tenancy?
Q&As

Would a grave deed be considered an asset for the purposes of financial remedy proceedings. If a spouse is named on grave deeds, would the family court have jurisdiction to have that spouse’s name removed under the inherent jurisdiction?
Would a grave deed be considered an asset for the purposes of financial remedy proceedings. If a spouse is named on grave deeds, would the family court have jurisdiction to have that spouse’s name removed under the inherent jurisdiction?
Q&As

Would a landlord need to obtain its tenant's consent before granting a crane oversailing licence to allow a third party to oversail external common parts over which the tenant has rights (including the right to pass and repass and the right to erect a crane)? Would the tenant have any cause of action if the landlord did not obtain their consent?
Would a landlord need to obtain its tenant's consent before granting a crane oversailing licence to allow a third party to oversail external common parts over which the tenant has rights (including the right to pass and repass and the right to erect a crane)? Would the tenant have any cause of action if the landlord did not obtain their consent?
Q&As

Would a restrictive covenant requiring property to be used for 'private residential purposes' restrict it being used as an HMO?
Would a restrictive covenant requiring property to be used for 'private residential purposes' restrict it being used as an HMO?
Q&As

Would adding a subcontractor as a party/signatory to an agreement create privity of contract between the subcontractor and the other parties (A and B), even if the contract in question states that party B is responsible for the actions of the subcontractor?
Would adding a subcontractor as a party/signatory to an agreement create privity of contract between the subcontractor and the other parties (A and B), even if the contract in question states that party B is responsible for the actions of the subcontractor?
Q&As

Would an application for parental responsibility by a step-parent be affected if decree nisi is pronounced and can such an application be made after pronouncement of decree nisi but before pronouncement of decree absolute?
Would an application for parental responsibility by a step-parent be affected if decree nisi is pronounced and can such an application be made after pronouncement of decree nisi but before pronouncement of decree absolute?
Q&As

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