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...agreement of the barristers in these chambers, this website has been prepared for information purposes only. Any views expressed, or comments made on the law in an article, commentary, video...

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July's family law newsletter out now

...Rule Committee 3PB congratulates family law barrister Poonam Bhari on her appointment by The Lord Chancellor to the Family Procedure Rule Committee (FPRC). The FPRC was established under Section 77...

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When is a final order not the last word?

Family law specialist Jennifer Kotilaine considers the recent case of Re M [2021] (Special Guardianship Order: Leave to apply to discharge) EWCA Civ 442, in which she is acting, and the clarification it brings to the test for permission to apply to discharge SGOs.

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Expert evidence and second opinions: process and pitfalls

3PB's family law specialist, James Legg, alongside Alex Brereton from Mishcon de Reya LLP, writes for Family Law on how the use of expert evidence is tightly regulated by the Judges in the Family Court.

Expert evidence can only be used where it is ‘necessary’ to assist the court to resolve the proceedings. In proceedings relating to children (including claims under Schedule 1 of the Children Act 1989), experts are only usually instructed once the court has given its permission to do so. On the other hand, in financial remedy proceedings the permission stage is engaged when a party seeks to adduce the evidence from the expert into the proceedings (i.e. permission is not normally needed to obtain the evidence, only to adduce it into the proceedings).

Part 25 of the Family Procedure Rules 2010 and its associated Practice Directions provide detailed practical guidance as to applications to adduce expert evidence and how it is dealt with once permission has been granted. A ‘Daniels v Walker’ application may provide a party with an opportunity to challenge an expert's evidence by adducing the evidence of a second expert. Generally, this is only permitted where there is a good reason and, in all of the circumstances, it would be unjust not to allow the adducing party to rely on that evidence.

The full article has been published in the September issue of Family Law.

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Protesting During a Pandemic: What Are Your Rights?

3PB pupil barrister Mariya Peykova has reviewed the rights during this Covid-19 pandemic for citizens to participate in a protest, the police arrest and stop-and search powers, the scale of fines and penalties and what people should be doing if you are arrested and taken to a police station.

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