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25 November 2022 / Sarah Hughes , Victoria Rylatt
Issue: 8004 / Categories: Features , Family , Child law , Procedure & practice
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How to approach fact-finding hearings

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Sarah Hughes & Victoria Rylatt set out recent case law on fact-finding hearings in private children proceedings
  • The key cases this year which have addressed case management issues and the correct approach towards fact-finding hearings, as well as the guidance provided by the president of the Family Division to judges and magistrates on this subject.

There have been a number of judgments published this year which have grappled with difficult issues relating to fact-finding hearings. These have provided extremely useful guidance, building on the important decision in Re H-N and others [2021] EWCA Civ 448, [2021] All ER (D) 11 (Apr).

In this article (Part 1) we will examine the key cases which have addressed case management issues and the correct approach towards fact-finding hearings this year, together with the president’s recent guidance on the same. In Part 2 we will examine specific issues which have arisen in recent fact-finding hearings—namely the use of intimate images, publication and disclosure.

K v K

K v K

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MOVERS & SHAKERS

mfg Solicitors—Deborah Bufton

mfg Solicitors—Deborah Bufton

Law firm boosts residential property team with new associate appointment

Flint Bishop—Russell Bainbridge

Flint Bishop—Russell Bainbridge

Flint Bishop lands corporate partner from Knights amid Sheffield growth drive

Bird & Bird—Huw Edwards

Bird & Bird—Huw Edwards

Bird Bird appoints expert tech patent litigator as new partner in London

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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