header-logo header-logo

Uniting family & civil

13 February 2015
Issue: 7640 / Categories: Case law , Judicial line , In Court
printer mail-detail

Can a Sch 1 (Children Act 1989) application and a TOLATA claim be consolidated or determined at the same time by the Family Court (in which the former has been made) or the County Court (in which the latter has been brought) where the same parties are involved in each case?

The proceedings cannot be consolidated. The Sch 1 application must be heard by a judge of the Family Court and the TOLATA claim by a judge of the County Court (unless in either case the claim is being heard in the High Court). They can be case managed and heard together, provided that the judge is able to sit as a judge of both courts. Many judges who sit in a combined Family/County Court centre will be able to do so, though where the TOLATA claim is proceeding under CPR Pt 7 and allocated to the multi-track, a district judge would need permission from their designated civil judge to deal with its final hearing. In the Central Family Court/PRFD a TOLATA claim may

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: Maria Karaiskos KC, Church Court Chambers

NLJ Career Profile: Maria Karaiskos KC, Church Court Chambers

Maria Karaiskos KC, recently appointed as the first female head of Church Court Chambers, discusses breaking down barriers, the lure of the courtroom, and the power of storytelling

Cripps—Simon Main

Cripps—Simon Main

Firm strengthens residential property team with partner hire

Hugh James—Danielle Cahill

Hugh James—Danielle Cahill

Private wealth disputes team welcomes partner in London

NEWS
In a very special tribute in this week's NLJ, David Burrows reflects on the retirement of Patrick Allen, co-founder of Hodge Jones & Allen, whose career epitomised the heyday of legal aid
Writing in NLJ this week, Kelvin Rutledge KC of Cornerstone Barristers and Genevieve Screeche-Powell of Field Court Chambers examine the Court of Appeal’s rejection of a discrimination challenge to Tower Hamlets’ housing database
Michael Zander KC, Emeritus Professor at LSE, tracks the turbulent passage of the Terminally Ill Adults (End of Life) Bill through the House of Lords in this week's issue of NLJ. Two marathon debates drew contributions from nearly 200 peers, split between support, opposition and conditional approval
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ
In his latest Civil Way column for NLJ, Stephen Gold surveys a raft of procedural changes and quirky disputes shaping civil practice. His message is clear: civil practitioners must brace for continual tweaks, unexpected contentions and rising costs in everyday litigation
back-to-top-scroll