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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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