header-logo header-logo

20 January 2023
Issue: 8009 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 20 January 2023

Family proceedings

Re HH (a child) (contact order: stay of order pending appeal) [2022] EWHC 3369 (Fam), [2023] All ER (D) 05 (Jan)

The Family Division granted the appellant mother an interim stay of a contact order which had been granted to the father in circumstances where the mother’s challenge on the findings of fact and on procedural unfairness during the hearing were pending permission to appeal (PTA). The court so ruled on the basis that it was satisfied that: (i) the mother’s grounds of appeal were not fanciful; and (ii) if an interim stay was not awarded, the viability of the mother’s appeal would be extinguished. That criteria had to be met for the appeal court to award an interim stay pending the decision on PTA on the basis that the court should be focusing on whether the refusal of such an interim stay would stifle the proposed appeal or render it nugatory. Further, in such circumstances, it should not be seen as being of the same character as

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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
back-to-top-scroll