header-logo header-logo

25 November 2022 / Sarah Hughes , Victoria Rylatt
Issue: 8004 / Categories: Features , Family , Child law , Procedure & practice
printer mail-detail

How to approach fact-finding hearings

101340
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll