Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce and care proceedings to transparency and access to justice. If you would like to contribute please email emma.reitano@lexisnexis.co.uk.
A day in the life Of...
Read on

Private law fact finding hearings: the new approach post-Re H-N

Date:3 JUL 2022
Third slide

Louise McCallum Barrister Parklane Plowden Chambers

This article considers the Family Court’s evolving approach to decisions as to whether to direct fact-finding hearings in private law cases following the pivotal decision in Re H-N and subsequent High Court decisions most recently in K v K [2022] EWCA Civ 468. The article also reflects on the likely impact of the most recent Guidance published by the President of the Family Division ‘Fact-Finding hearings and domestic abuse in Private Law proceedings.’  The article considers the Court’s ongoing efforts to achieve the best balance between giving appropriate recognition to the impact of domestic abuse whilst ensuring that fact finding hearings are directed only in cases where this is necessary and proportionate. The recent Guidance emphasises that the fundamentals to the decision as to whether to direct a fact-find hearing are “relevance purpose and proportionality.” The article also considers the developing approach of the Family Court to case management where there are allegations of domestic abuse and coercive control and how such cases should now be best presented to the Court. It is anticipated that advocates can expect...

Read the full article here.