Legal In General

Home > Judgments > 2019 archive Maughan v Wilmot [2019] EWHC 2765 (Fam) General civil restraint order, costs orders, and injunctions under the Protection from Harassment Act 1977 (which included protection for the applicant’s solicitor and barrister) granted in one of the worst cases of vexatious litigation misconduct Mostyn J had ever encountered. These were extremely long-running proceedings arising from the ill-fated marriage of the parties which ended in 1999. Since then, there had been dozens of hearings before numerous judges. There was no doubt that the respondent was an exceptionally vexatious litigant. Mostyn J made an extended civil restraint order against him in April 2014, which was subsequently extended to January 2020. The order had not been effective to restrain the respondent's vexatious conduct. The respondent had not confined his vexations to these proceedings, receiving (for example) an extended civil restraint order in 2017 following an extremely protracted and toxic dispute with his local planning authority. The respondent had continued his campaign against his wife, his children, and his wife's legal representatives. He had continued to bombard the court with emails and spurious applications. He made an utterly meritless application to the Administrative Court seeking judicial review of Mostyn J's decision to appoint a receiver back in 2014. In blatant breach of an injunction made restraining him from communicating with the applicant's solicitor via her domestic email address, the respondent had sent dozens of messages. The applications before Mostyn J sought the following relief: 1. An order that the applicant's actual costs incurred be summarily assessed and paid to her, and that provision be made to cover her anticipated implementation costs. 2. An order that the receiver's actual costs incurred be summarily assessed and paid to him, and that provision be made to cover his anticipated implementation costs. 3. An order permitting and authorising the transfer of the respondent's pension to Curtis Banks where the respondent's SIPP was held and which was under the authority of the receiver. 4. An order permitting the receiver to disinvest and pay out the sums necessary to satisfy the costs orders. 5. A general civil restraint order for 2 years. 6. An order pursuant to the Protection from Harassment Act 1977 restraining the respondent from harassing the applicant, the children, the applicant's solicitor and the applicant's barrister. 7. An extension of the existing freezing order. Mostyn J considered the costs orders and concluded that the respondent's conduct had been at the top end of misconduct for the purposes of CPR 44.2(4)(a). It had been abysmal and an order for costs was fully justified. Mostyn J made costs orders in respect of (1) and (2). (3) was unopposed. An order in respect of (4) was granted. The freezing order application sought to freeze £100,000 to allow some headroom over the £68,307 caught by the costs orders. Mostyn J granted that amount as he pessimistically apprehended that the respondent would engage in more vexatious conduct generating further costs on the part of the applicant and the receiver. Mostyn J was fully satisfied that the criterion for a general civil restraint order was satisfied. This was one of the worst cases of vexatious litigation misconduct he had ever encountered. The extended order had not worked therefore a general order was amply justified. The order was to last until 21.10.21. It was not reasonable to expect the applicant to return to court every two years to renew the general order. This case cried out for an indefinite civil proceedings order which is made at the suit of the Attorney General and would be heard by a Divisional Court of the QBD. Mostyn J directed that a copy of the judgment be supplied to the Attorney General and asked he give careful consideration to making that application. As to the application for an order under the Protection from Harassment Act 1997, there was no doubt that the respondent had grossly harassed the applicant, their children and her legal representatives. Mostyn J was satisfied that he had full power to validate the application which had been technically issued in the wrong division of the High Court and granted the application in the terms sought. Since distributing the judgment in draft, the respondent's solicitor-advocate made an application for 'amplification' of the judgement and permission to appeal. An advocate is not entitled to seek further and better particulars of a judgment. The provision is confined to permitting advocates to draw attention to material omissions or obvious errors so that they may be repaired before the matter proceeds to an appeal. The respondent's solicitor-advocate was seeking to take points which he did not argue before but which he should have done, or to reargue points which had already been rejected. Both applications were refused.  Summary by Victoria Flowers, barrister, Harcourt Chambers You can read the full judgment of Maughan v Wilmot [2019] EWHC 2765 (Fam) on BAILII

Home > News Family Court (Composition and Distribution of Business) (Amendment) Rules 2021 These Rules, which come into force on 24 May 2021, amend the Family Court (Composition and Distribution of Business) Rules 2014 (the 2014 Rules). Rule 3 omits from the 2014 Rules the provision which routes appeals from decisions in financial remedy proceedings made by a district judge of the Principal Registry of the Family Division, or of a person appointed to act as a deputy or as a temporary additional office for such a district judge, to a judge of High Court level in the family court. Such appeals will instead be allocated under rule 6 or 7(2) of the 2014 Rules. Rule 4 amends Schedule 1 to the 2014 Rules to make provision for all proceedings under section 12 or 13 of the Matrimonial and Family Proceedings Act 1984, or under Schedule 7 to the Civil Partnership Act 2004 (c. 33) to be allocated to a judge of district judge level in the family court, subject to the provisions of rule 15(2) of the 2014 Rules. For the Amendment Rules, click here. 9/5/21

Home > News New suite of Judicial Review Practice Directions issued The Civil Procedure Rules 131st Practice Direction Update includes a suite of Practice Directions supplementing CPR Part 54 (Judicial Review) which have been revised in consequence of developments in caselaw and practice. The Practice Directions come into force on 31 May 2021. CPR Part 54 is supplemented by four PDs (54A, 54C, 54D and 54E (PD 54B having previously been revoked)). The amendments provide for the addition of a new Practice Direction 54B to make provision in relation to urgent cases, and the revocation of PD 54C (which is now obsolete), with consequential renumbering of Practice Directions 54D and 54E as 54C and 54D, together with some modernisation and "tidying up" of drafting in what become 54C and 54D.  The main changes lie in a recasting of PD54A, prompted by concerns expressed by the Court of Appeal in a number of cases (most recently, R (Dolan and others) v Secretary of State for Health and Social Care [2020] EWCA Civ 1605, in particular at §§116 – 121) that pleadings and Skeleton Arguments in public law cases have become too lengthy and too complex. A revised suite of Judicial Review forms in consequence of the reformed PDs supplementing CPR Part 54 will be published online (gov.uk) in due course. For the new Practice Directions, click here. 9/5/21

Minutes of the ninth meeting held on 2 September 2019, at 5 St Philip’s Place, Colmore Row, Birmingham 1. Welcome and introductions 1.1. The Chair welcomed all to the meeting. See Annex A for a list of representatives present. 2. Minutes from previous meeting and update on actions 2.1. The minutes of the previous meeting held on 05 June 2019 had been approved by members prior to the meeting and were published on the GOV.UK website. 2.2. Action 1: FSRU to arrange a meeting with UKAS, CQC and the NHS to discuss what should be included within the workshops and source suitable dates and venues. This would be discussed in the meeting under agenda item 8. 2.3. Action 2: FSRU to itemise the main costs for SARCs and liaise with the group to confirm certain costs. This would be discussed in the meeting under agenda item 9. 2.4. Action 5: Members to email nominations for the new MFSG chair. It was confirmed a new chair had been appointed to chair the MFSG. The new chair will start at the next meeting on 27 January 2020. The Regulator expressed her thanks to the current chair, and the contributions they have made to the MFSG. 2.5. Action 7: The Regulator to contact the AFSP regarding cleaning products that had been validated. This action is on-going. 2.6. Action 9: The Regulator and FSRU to provide further clarification on whether notes of injuries come under the medical or forensic remit. It was confirmed notes of injuries that were included within the contemporaneous notes that could be used as evidence should be within the remit of the FSR. A member mentioned often medical notes and forensic notes were not reviewed together during inspections, and this could result in missing any medical reasons for injuries. The UKAS representative stated the assessors would need to be appropriately trained. Action 1: FSRU to review wording in Standard and Guidance on contemporaneous notes. 2.7. All actions from the last meeting were complete or were in progress. 3. MFSG Work plan 2019/2020 3.1. A draft version of the MFSG work programme for 2019-2020 was discussed by the group. The members agreed the milestone dates for the SARC guidance document, and SARC standard document were achievable. Members agreed the DNA anti-contamination document (FSR-G-207) required a thorough review, and more information should be added. It was suggested a working group should be formed to progress this work. The chair asked for volunteers to join the DNA anti-contamination working group. Representatives from Mountain Healthcare, Hampshire Constabulary, RCPCH & FFLM paediatric and UKAS agreed to be part of the group. It was agreed two meetings would be required. Action 2: FSRU to set up sub group for reviewing G-207 (Anti-contamination guidance) 3.2. The MFSG would start to develop the standard and guidance for custody suites in spring 2020. The Hampshire Constabulary representatives mentioned to the group they were undertaking a custody suite project and would be happy to update the group on the progress of their project. 4. Review of document/feedback SARC standard (FSR-C-116) 4.1. The FSR-C-116 standard document had been sent out for consultation to the medical forensic community, and some useful feedback had been received. The members were asked if they were happy with the final version, and if they had any final comments and feedback they would like to be considered before the standard is signed off and published. 4.2. A FFLM reference within the document was identified as out of date, and updated versions were available. The UKAFN representative would provide the FSRU with the correct references. Action 3: UKAFN representative to provide the FSRU with updated FFLM references. 4.3. The implementation dates within the document were discussed by the members. The original date for the deadline in gaining accreditation was October 2021. This was then extended to October 2022. The document sets out the different stages, and the implementation dates for these stages. The Regulator emphasised that these dates should be achievable, and asked members if they considered these dates as being achievable or should they be extended. Members agreed October 2022 may not be achievable for some organisations. It was proposed the final accreditation date could be extended to April 2023. It was suggested making organisations aware of how long the accreditation process can take to allow them to plan efficiently. The members agreed the final accreditation date should be extended to April 2023. 4.4. A member commented on the accommodation and environmental conditions section of the document and queried the term “cleaned to DNA standards” It was explained there was a full explanation provided in DNA Anti-Contamination – Forensic Medical Examination in Sexual Assault Referral Centres and Custodial Facilities FSRG207. It was suggested including a reference to the document within the text. A member also highlighted some organisations were not included in the acknowledgments section of the guidance document. Action 4: FSRU to review/check acknowledgements in the guidance to ensure no organisation/representative has been missed. 4.5. Members queried a section in the standard concerning the use of cleaning reagents. The guidance stated the cleaning reagents used should be effective in removing detectable levels of DNA. Members argued it was unclear what the detectable levels of DNA were. It was suggested the guidance should state cleaning reagents that would denature DNA would be more appropriate. 5. Review of document/feedback SARC guidance FSR-G-212 5.1. Members were asked to provide any final comments on the guidance document, before it is signed off and published. 5.2. The guidance document would be updated to state cleaning products should denature DNA instead of stating it should remove detectable levels of DNA. 5.3. It was suggested including a FAQ for SARCs who are new to the accreditation process. It would address the different ISO codes and how they relate to the SARCs and their accreditation. 5.4. Members were advised if they had any final comments, they would like considered this would need to be sent to the FSRU by Friday 06 September. Action 5: Members to send final comments/feedback on the SARC Standard and Guidance documents to be received by COP Friday 06 September 2019. 6. Review of document/feedback SARC self-assessment questionnaire (FSRC116 Annex A) 6.1. It was confirmed further feedback from Lime Culture, and the Principle Scientist Group on the document had been requested. The Quality Standards Specialist Group (QSSG) will also review the document and provide their feedback. Once feedback had been received from all the groups this would then be circulated to the MFSG for their final comments. 7. Review of document/feedback Anti contamination FSR- G - 207 7.1. Members were asked to provide any comments they had on the document. The Regulator explained to the group the document was published in 2016 and was developed to address specific anti-contamination issues. It was anticipated the document would be replaced with a set of specific standards. Members were asked if this document should be for custody suites only. Members agreed the anti-contamination document was useful and a range of professionals could use it for example cleaners. It was also suggested it should be simple and easy to understand. A member mentioned there was another working group being formed for DNA anti-contamination work by the forensic science subcommittee, and this could cause duplication of work. Action 6: FSRU to discuss anti-contamination sub group and document with the chair of the forensic science subcommittee on possible duplication of work. 8. SARC workshops 8.1. A draft agenda for the SARC workshops had been circulated to the group. It was confirmed the workshops would be held in Leeds and London. The workshop would be a free event for those attending (invite only). The dates were confirmed as 19 November in London, and 27 November in Leeds. Some members queried the arrangements as other dates had also been suggested. Action 7: FSRU to confirm SARC workshop dates/location, and this would then be shared with the group. 8.2. It was suggested that lead clinicians at SARCs should be invited to attend the workshops. The members discussed the topics that should be included in the agenda for the SARC workshops. It was suggested having a mock case, which would show the different stages of a case, and would also include what areas the CQC, and UKAS would inspect. A teenager could be used in the mock case to ensure paediatricians were represented. It would also be useful to show the partnership between the CQC and UKAS. The session could also include timelines, and an overview of CQC and UKAS inspections, and next steps. A detailed presentation by CQC could be useful followed by a detailed presentation from UKAS on what they were expecting to see from SARCs in their inspections. The Regulator could also provide an update presentation on the standards and how they are connected to UKAS inspections. A member suggested including a presentation on how to complete the quality manual. It was agreed that quality manuals are tailored specifically to each organisation. The Hampshire Constabulary representative would be happy to share their quality manual with the MFSG. Action 8: The Hampshire Constabulary representative to share their Quality Manual with the group. 8.3. It was suggested using an app for the attendees to send their questions anonymously, or attendees can write their questions down, and put them in a box. A member queried when the invites would be sent. It was confirmed that the NHS would be sending out the invites once the dates have been confirmed. 9. Costs of SARC accreditation 9.1. Members were provided with the estimated costs of accreditation for SARCs. A member queried the application fee and was advised this fee was for new organisations applying for accreditation. This included background checks conducted on the organisation, resources, scope, and what competence is required to access the SARC. 9.2. A member queried the level of expertise of the technical assessors, and how this would be factored into costs. The UKAS representative stated it was too early to confirm this as this would depend on the number of technical assessors, they have available. If they had to employ external technical assessors there may be a higher cost for this. A member queried if an organisation had more than one SARC site that required accreditation, would the application fee be per site. It was confirmed the application fee would be per SARC site seeking accreditation. 9.3. Members agreed that UKAS technical assessors should have a mandatory forensic qualification, to inspect SARCs. It was also explained the technical assessors would be needed for 12-15 days a year. A member highlighted this may be a challenge for NHS employees who wish to become a technical assessor to be allocated this time from their current duties. The Regulator highlighted if SARCs could provide their own technical assessors this could make the process cheaper and provide useful experience to the technical assessor. 10. Stakeholder updates Faculty of Forensic & Legal Medicine (FLLM) update 10.1. A working group had been formed to look at the workforce in SARCs across the country. The group was made up of representatives from NHS England, Royal College of Paediatrics and Child Health (RCPCH), UK Association of Forensic Nurses (UKAFN). A meeting of the working group would be held in a couple of weeks. 10.2. The National Police Chiefs Council (NPCC) were conducting a review of the Criminal Justice Service response led by the Ministry of Justice (MOJ) on forensic medical examinations. 10.3. The National Institute for Health Research (NIHR) were conducting a project looking at the effectiveness of SARCs. United Kingdom Association of Forensic Nurse and Paramedics (UKAFN) 10.4. Apprenticeships standards have now been approved for Advanced Practitioner (Custody or sexual offence) The first apprenticeship would be delivered in January 2020. 10.5. Scotland had developed their own DNA anti-contamination standards. It was mentioned the guidance issued on cleaning may differ from the Forensic Science Regulator guidance. The Regulator will be following this up with the relevant individuals. Royal College of Paediatrics and Child Health update 10.6. The RCPCH had been working with the FFLM to support paediatricians undertaking licentiate (SLM) and continuing to maintain the forensic medical examinations standards for children. Policing/scientific support 10.7. There were still some issues with contractual cleaning companies, and the lack of forensic awareness with some cleaners. 11. AOB 11.1. The Regulator wanted to remind members of the importance of their IT security for their organisations, and phishing emails that could contain viruses. 12. Date of next meeting 12.1. The next meeting would be held on Monday 27 January 2020 in Birmingham. Annex A Organisation representatives present Independent National Forensic Advisor (chair) UK Accreditation Service (UKAS) Faculty of Forensic Legal Medicine UK Accreditation Service UK Accreditation Service (UKAS) The Havens London UK Association Forensic Nurses Care Quality Commission Royal College of Paediatrics and Child Health Hampshire Constabulary Hampshire Constabulary Mountain Healthcare Forensic Science Regulator Forensic Science Regulation Unit Forensic Science Regulation Unit Home Office Science Secretariat Home Office Science Secretariat Apologies NHS NHS England - Health & Justice Criminal Case Review Commission General Medical Council The Chartered Society of Forensic Sciences Department of Health Police Service Northern Ireland Police Scotland

HMCTS admits problem with salaries as it struggles to hang on to staff.

More Resources Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include: the original print PDF of the as enacted version that was used for the print copy correction slips Click 'View More' or select 'More Resources' tab for additional information including: lists of changes made by and/or affecting this legislation item confers power and blanket amendment details all formats of all associated documents links to related legislation and further information resources

A new pilot Practice Direction comes into force on 26 April bringing in new provision for communicating Forced Marriage and Female Genital Mutilation Protection Orders...

Three advisors quit last month in protest at the government's handling of LGBT rights.

Home > News Domestic Abuse Bill becomes law On 29 April 2021, four years after it was included in the Queen's Speech, the Domestic Abuse Bill received Royal Assent and was signed into law. For the first time there will be a wide-ranging legal definition of domestic abuse which incorporates a range of abuses beyond physical violence, including emotional, coercive or controlling behaviour, and economic abuse. The measures include new protections and support for victims ensuring that abusers will no longer be allowed to directly cross-examine their victims in the family and civil courts, and giving victims better access to special measures in the courtroom to help prevent intimidation, such as protective screens and giving evidence via video link. Police will also be given new powers including Domestic Abuse Protection Notices providing victims with immediate protection from abusers, while courts will be able to hand out new Domestic Abuse Protection Orders to help prevent offending by forcing perpetrators to take steps to change their behaviour, including seeking mental health support or drug and alcohol rehabilitation. In recent weeks, new measures have been added to the bill to strengthen the law, including creating a new offence of non-fatal strangulation, extending an offence to cover the threat to disclose intimate images, and clarifying the law to further clamp down on claims of "rough sex gone wrong" in cases involving death or serious injury. Other measures included in the Act include: extending the controlling or coercive behaviour offence to cover post-separation abuse explicitly recognise children as victims if they see, hear or experience the effects of abuse establish in law the office of Domestic Abuse Commissioner and set out the Commissioner's functions and powers placing a duty on local authorities in England to provide support to victims of domestic abuse and their children in refuges and other safe accommodation provide that all eligible homeless victims of domestic abuse automatically have 'priority need' for homelessness assistance place the guidance supporting the Domestic Violence Disclosure Scheme ("Clare's law") on a statutory footing. However, the Act does not include a specific stalkers' register, despite briefings from the government after the death of Sarah Everard that it was likely to support such a measure. Farah Nazeer, Chief Executive of Women's Aid Federation of England, said: "The Domestic Abuse Bill has been long-awaited, and could not be more needed, following the impact of the pandemic on survivors and our national network of domestic abuse services. "Thanks to the bravery of survivors in campaigning for change, we now have an act that will strengthen protection in the family courts, improve housing law in cases of domestic abuse, and require councils to fund support in safe accommodation. "We continue to urge for the law to address the significant gaps it leaves and?protect every survivor, ensuring that all women and children are able to access support regardless of immigration status, and for us to see guaranteed long-term funding for specialist women's domestic abuse services, including refuge services around the country that are saving lives every day." For the Act, click here. 9.5.21

Home > News New pilot Practice Direction 36W: communicating forced marriage and FGM protection orders to the police Pilot Practice Direction 36W brings in a new provision for communicating forced marriage and female genital mutilation protection orders to the police. It came into force on 26 April 2021. It replaces previous Practice Direction 36H to bring in new provision for communicating Forced Marriage and Female Genital Mutilation Protection Orders (FMPOs and FGMPOs) to the police. It includes: details of the centralised police email address a template for sending key details to the email address. It requires:  the court to send notification of the existence of a FMPO or FGMPO once made and sealed by the court applicants, or the court where the court is to effect service of a FMPO or FGMPO, to email the mailbox once the order has been served on the respondent, or the respondent has otherwise been made aware of the terms of the order. When an email is received at the centralised email address, an automated system will forward the FGMPO or FMPO (or the notification of service/ the respondent having been made aware of the terms of the order) to the local and regional police lead for the address of the person to be protected by the FGMPO or FMPO. If the court has directed that the local and regional police lead for the address of the respondent to the FGMPO or FMPO also be notified, then the automated system will do so. This process applies only where the address of the applicant (or the respondent, where applicable) is in England and Wales. Further guidance is available, and applicants can obtain the template for notification of service of an order from court staff. For Pilot Practice Direction 36W, click here. 9/5/21

Home > News Experts and the Family Justice System: Widening the Pool The Experts Sub-Committee held its inaugural event on 25 March 2021. Hosted by Mr Justice Williams, the event was aimed at medical and allied health professions, family lawyers and judiciary. It set out some of the recommendations from the final report of the President's Working Group on Medical Experts (The President of the Family Division Working Group on Medical Experts in the Family Courts – Final Report) and focused on encouraging medical and allied health experts to offer their services to the family justice system. The event explored the role of the expert witness, the court process, report-writing and what to expect when giving evidence. It also promoted the eight Regional Experts Committees, being set up to help address the shortage of expert witnesses in the family court and to implement, at regional level, the recommendations for training and interdisciplinary collaboration. For a video recording of the event and speakers' presentation slides, click here. 9/5/21

Enough. I’ve had too much wellbeing.Like that moment you realise you’ve had one square too far in your mission to demolish that giant bar of Dairy Milk you picked up at the garage &#82…...

The Supreme Court has agreed to hear a case on whether, to have capacity to decide to have sexual relations with another person, a person needs to understand that the other person must have the capacity to consent to the sexual activity and must in fact consent before and throughout the sexual...

Last week the Court of Appeal, Criminal Division quashed the convictions of 39 sub-postmasters and other branch staff who had been prosecuted by the Post Office for theft, fraud or false accounting…...

* Download the BASW England Domestic Abuse Guidance *...