The jurisdiction of the courts in England and Wales refers to the legal authority or power that they have to hear and determine certain types of legal cases. The jurisdiction of the courts is determined by a combination of legislation, legal precedent, and court rules.
In England and Wales, there are several levels of courts with varying degrees of jurisdiction. These include:
Magistrates’ Courts: These are the lowest level of courts in England and Wales and they have jurisdiction over a wide range of criminal offenses, such as minor assaults, theft, and driving offenses. They also have limited jurisdiction in civil cases, such as small claims and some family law matters.
County Courts: These courts have jurisdiction over a wider range of civil cases, including contract disputes, personal injury claims, and landlord-tenant disputes. They also have some limited jurisdiction in family law matters, such as divorce and child custody.
Crown Court: This court has jurisdiction over the most serious criminal offenses, such as murder, rape, and drug trafficking. It also has some limited jurisdiction over civil cases.
High Court: This is the highest level of court in England and Wales, and it has jurisdiction over the most complex civil and criminal cases. The High Court has several divisions, including the Family Division, the Chancery Division, and the King’s Bench Division.
The Supreme Court: This is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland
In addition to these courts, there are also specialist courts in England and Wales, such as the Employment Tribunal, the Immigration and Asylum Tribunal, and the Mental Health Tribunal, which have jurisdiction over specific areas of law.
It is important to understand the jurisdiction of the courts in England and Wales when bringing a legal case, as it determines which court has the power to hear and determine your case. It is advisable to seek legal advice if you are unsure about which court has jurisdiction over your case.
Find contact details and information on courts and tribunals in England and Wales, and some non-devolved tribunals in Scotland.
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
The Family Justice Board in England and Wales plays a crucial role in shaping the family justice system and ensuring positive outcomes for children. Here are the key points:
Purpose and Role:
The Family Justice Board aims to improve the performance of the family justice system.
It ensures the best possible outcomes for children who interact with the system.
The Board takes a cross-system approach and is jointly chaired by Ministers from the Ministry of Justice and the Department for Education.
Membership:
The Board includes senior stakeholders from across the family justice system.
Notable members include representatives from Cafcass, HMCTS, social services, and the judiciary.
The Family Justice Council operates independently of the Family Justice Board. As a critical friend to the Family Justice Board it provide it with expert advice, from an inter-disciplinary perspective, on the operation and reform of the family justice system in England and Wales.
Members
The Family Justice Board in England and Wales comprises senior stakeholders from across the family justice system. Here are some of the current members as of 28th June 2024:
Lord Bellamy KC (Parliamentary Under Secretary of State at the Ministry of Justice) – Co-Chair
David Johnston MP (Minister for Children and Families) – Co-Chair
Nigel Brown (Chief Executive, Cafcass Cymru)
Nick Goodwin (Chief Executive, HMCTS)
Albert Heaney (Director, Social Services, Welsh Government)
Sally Jenkins (Head of Children’s Services, Association of Directors of Social Services Cymru)
Sophie Langdale and Fram Oram (Director, Children’s Social Care – Practice and Workforce, DfE)
Ed Lidington (Director, Court Recovery, Criminal and Family Justice, MOJ)
Helen Lincoln (Executive Director for Children, Families & Education, Essex County Council)
Yvette Stanley (National Director, Social Care, Ofsted)
Jacky Tiotto (Chief Executive, Cafcass)
Isabelle Trowler (Chief Social Worker for Children and Families)
Local Family Justice Boards (LFJB) were established to support the work of the Family Justice Board by bringing together the key local agencies, including decision makers and front-line staff, to achieve significant improvement in the performance of the family justice system in their local areas.
To contact an LFJB or for more information, please email LFJB Enquiries.
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
The Family Justice Council will operate independently of the Family Justice Board but will, as a critical friend to the Family Justice Board; provide it with expert advice, from an inter-disciplinary perspective, on the operation and reform of the family justice system in England and Wales.
I am not sure that the FJC would or should have been friends with the Sussex Family Justice Board. A highly dubious family justice cartel that operates in Sussex.
Purpose and Functionof the FJC:
The FJC’s primary mission is to promote an inter-disciplinary approach to family justice. It recognizes that family law involves various aspects, including legal, social, and emotional considerations.
It monitors the family justice system across the UK, keeping a close eye on its functioning, challenges, and areas for improvement.
By advising on reforms and providing guidance, the FJC aims to enhance the overall experience for families navigating the court system.
Composition and Influence:
The FJC benefits from input from 30 locally based Family Justice Committees (FJCs) spread throughout the country. These committees provide valuable insights and perspectives from diverse regions.
As an advisory body, the FJC collaborates with the Ministry of Justice to ensure that family justice policies and practices align with the best interests of families.
It also contributes to the work of the Family Justice Board and the Single Family Court, fostering cooperation and coherence within the family justice system.
Areas of Focus:
The FJC addresses a wide range of issues, including child custody, divorce, adoption, and domestic violence. Its recommendations aim to streamline processes, improve access to justice, and safeguard the well-being of families.
It actively engages with legal professionals, social workers, psychologists, and other experts to create a holistic understanding of family law challenges.
Through its policy papers and consultations, the FJC advocates for evidence-based reforms that benefit families and promote fairness.
Website:
The FJC maintains a dedicated website where it shares news, policy updates, and consultation outcomes. This platform serves as a valuable resource for legal practitioners, researchers, and the public.
Whether it’s addressing expert evidence quality or exploring innovative approaches, the FJC’s work is transparently documented on its website.
The Family Justice Council will hold its tenth Open Meeting on Monday 22 July 2024 from 11.00am until 1.30pm. The meeting will be held remotely via MS Teams.
The open meeting provides an opportunity for members of the public to see first-hand the Council at work. Guests will be able to observe the meeting, which will conclude with a question-and-answer session. All questions will need to be submitted to the Council in advance.
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
Update 3rd April 2023 : HHJ Farquhar denies he has ever been a member of the Sussex Family Justice Board despite clear evidence that shows he has been a member of the SFJB for at least 5 years.
Update 24th April 2023 : HHJ Farquhar, HHJ Lusty and DJ Pollard have mysteriously vanished from the list of board members published on the Sussex Family Justice Board website.
A large number of pages and links have also been removed from the SFJB website. This is believed to have happened on the 18th April 2023 at 20:37.
Is this a cynical attempt at a cover up ? Who removed them and why ?
Update 5th June 2024 : The Sussex Family Justice Board website is offline. Has this highly dubious familyjustice cartel in Sussex finally been shut down for good by theMinistry of Injustice ?
The MoJ is not responsible for the Sussex Family Justice Board.
The MoJ does not fund the Sussex Family Justice Board.
The MoJ does not audit the Sussex Family Justice Board.
The MoJ does not have a Terms of Reference document for the Sussex Family Justice Board.
The MoJ are not the correct authority to ask about this matter. Anything published regarding local roles, responsibilities and processes are locally determined and published by the relevant Local Family Justice Board(s). You may wish to contact Sussex Family Justice Board. Information on how to contact them can be found at: https://www.sussexfamilyjusticeboard.org.uk/
To advise and assist you, please note that Local Family Justice Boards are not public authorities under the Freedom of Information Act (FOIA). They are not named in schedule 1 of FOIA or in an order of the Secretary of State, and are not a wholly owned company, so do not meet the definition under section 3 of FOIA and thus are not subject to Freedom of Information Requests.
Update 7th August 2023 – The Sussex Family Justice Board website is now in maintenance mode (since 27th July 2023). Has the family justice cartel in Sussex finally been shut down for good ??
Update 14th August 2023 – The Sussex Family Justice Board website is now partially back up as of 14th August 12:26. There are now 11 pages in total according to the SFJB XML Sitemap. Notably a Privacy policy is still missing !
*PLEASE NOTE THIS WEBSITE IS CURRENTLY UNDERGOING IMPORTANT UPDATES*
The Sussex Family Justice Board is a subsidiary of the National Family Justice Board and works collaboratively to improve the performance and efficiency of the local family justice system.
Please note that this website is up to date as at June 2023; it will be reviewed periodically by members of the Sussex Family Justice Board but we cannot guarantee that it is up-to-date at the time of reading.
The National sponsor of the SFJB is listed as Tom Glynn Policy Unit Ministry of Justice. What is the real involvement of the MoJ in the SFJB ?
Fortunately, a copy of the Sussex Family Justice Board website was legally taken on the 19th March 2023 using HTTrack software and is safely and securely stored by the MOI as evidence.
A Google Search on the 3rd April 2023 returned the following :-
Google Search 3rd April 2023
A Bing Search on the 3rd April 2023 returned the following :-
Bing Search 3rd April 2023
The Sussex Family Justice Board website showed :-
Sussex Family Justice Board Members 3rd April 2023Sussex Family Justice Board Judicial Board Members 3rd April 2023
The Sussex Family Justice Board website, according to their public RSS Feed, was updated on the 18th April 2023 at 20:37.
The Sussex Family Justice Board website, according to their public RSS Feed, was yet again updated on the 18th June 2023 at 18:16:58. No judges are now listed as board members. It is assumed that all judges were removed as board members on this date.
Is this another cynical attempt at a cover up ? Who removed them and why ?
The open justice principle “that justice must be seen to be done as well as done” is a fundamental principle of the UK legal system.
“…there is a significant and important public interest in our society having and maintaining confidence in the work of the Family Court. Conversely, a largely closed system, where the public are given no account of how the court operates, leads to accusations that this is ‘secret’ justice and that the approach of the court is unsound, unfair or downright wrong….”
The Guide to Judicial Conduct – Revised March 2018 (Updated September 2020) is clear about bias, in particular :-
“They should also bear in mind that too close a social relationship with a practitioner who is regularly involved in litigation before the officeholder’s court may create a perception of bias.”
Is the Sussex Family Justice Board evidence of bias, secrecy and injustice rife within the judiciary, justice system and legal profession in the UK ?#law#biased#Legalhttps://t.co/rNdD8j7urt
Dodgy and Secret Justice ? Why have all judges now been "removed" as members of the Sussex Family Justice Board following the Ministry of Injustice exposé ? Has a crime been committed ? #lawtwitter@MoJGovUK@sussex_policehttps://t.co/rNdD8j7urt
The infamous Sussex Family Justice Board website is now in maintenance mode (since 27th July 2023). Has the highly dubious family justice cartel in Sussex finally been shut down for good ? #lawtwitter@MoJGovUK@JudiciaryUKhttps://t.co/rNdD8j7urt
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
The term McKenzie Friend stems from the landmark case of McKenzie v McKenzie in 1970 (McKenzie v McKenzie [1970] 3 WLR 472 CA), where a husband sought assistance from a non-legally qualified friend to represent him in court during divorce proceedings.
The Court of Appeal, in their judgment made in 1970, recognised that litigants, especially those without legal representation, could benefit from such support. Consequently, the role of McKenzie Friends was officially acknowledged, allowing individuals to accompany and assist Litigants in Person (LIP) in court.
In 2005 the Court of Appeal, in the matter of the children of Mr O’Connell, Mr Whelan and Mr Watson, further clarified the role of McKenzie friends.
Article 6 of the ECHR is engaged in any application by a litigant in person for the assistance of a McKenzie friend. Furthermore, in our judgment, two clear propositions stand out from the authorities as they apply to family proceedings.
These are:
(1) that the presumption in favour of the litigant being allowed the assistance of a McKenzie friend is a strong one; and
(2) that such a request should not be refused without good reason, even where the proceedings relate to a child and are being heard in private.
Article 6 of the Human Rights Act 1998 makes it unlawful for a public authority to act in a way that is incompatible with a person’s rights under the European Convention on Human Rights.
Role and Responsibilities of McKenzie Friends
McKenzie Friends are volunteers, friends, family members, or sometimes paid advisors, who assist litigants in various ways. They are not lawyers, but their involvement can be valuable.
A McKenzie Friend can help litigants by providing emotional support, taking notes during proceedings, offering practical advice, and helping with case preparation.
However, it is essential to note that McKenzie Friends cannot address the court directly or act as legal representatives.
Practice Guidance: McKenzie Friends (Civil and Family Courts)
The guidance aims to ensure a consistent and fair approach across the civil and family courts when dealing with McKenzie Friends. This Practice Guidance is essential in establishing the parameters and responsibilities of McKenzie Friends in court proceedings.
Guidance from the President’s Office- McKenzie Friends
Here is a an example Notice of McKenzie friend which should be completed and handed to the usher before the hearing starts. If you are attending a remote hearing, then you should email the court before the start of the hearing.
There is no legal requirement to share this form with the other party (Family or Civil Proceedings).
(2) Paragraph (1) applies to any communication in which any representation is made to the court on a matter of substance or procedure but does not apply to communications that are purely routine, uncontentious and administrative.
This practice direction supplements Part 5 of the Family Procedure Rules 2010
1. Rule 5.7(1) FPR 2010 makes provision in relation to the requirement to disclose and, if in writing, to copy any communication with the court to the other parties or their representatives. Exceptions to the requirement are specified in rule 5.7(2), (3) and (7) FPR 2010. This practice direction supplements rule 5.7(7) FPR 2010.
Court Refusal of the Request for Assistance from a McKenzie Friend
The purpose of allowing a litigant in person the assistance of a McKenzie friend is to further the interests of justice by achieving a level playing field and ensuring a fair hearing.
We endorse the proposition that the presumption in favour of allowing a litigant in person the assistance of a McKenzie friend is very strong, and that such a request should only be refused for compelling reasons.
Furthermore, should a judge identify such reasons, (s)he must explain them carefully and fully to both the litigant in person and the would-be McKenzie friend.
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
The President of the Family Division is a highly esteemed position in the United Kingdom’s judicial system. It is a role responsible for overseeing and presiding over family-related cases in England and Wales. In this article, we will delve into the history of the position and provide details on the current holder. The salary of the President of the Family Division is £269,530.
History
The President of the Family Division is a judicial office in England and Wales, established in 1873 by the Judicature Act, which reformed the court system in England and Wales.
The Act created a single Supreme Court of Judicature consisting of the High Court of Justice and the Court of Appeal. This replaced the previously separate court systems of common law and equity, and it also established several new judicial positions, including the President of the Probate, Divorce and Admiralty Division.
The Family Division was created in 1971 when Admiralty and contentious probate cases were removed from its predecessor, the Probate, Divorce and Admiralty Division.
Sir Andrew was appointed to the position in July 2018 and succeeded Sir James Munby.
Prior to his appointment, McFarlane served as a Lord Justice of Appeal and as a judge of the High Court’s Family Division. Sir Andrew McFarlane is known for his extensive knowledge and experience in family law.
Sir Andrew McFarlane was called to the bar in 1977 and practiced as a barrister for 25 years before being appointed as a High Court judge in 2005.
As well as being the President, Sir Andrew is also a member of the Court of Appeal. TheFamily Division of the High Court consists of 19 High Court Judges. It deals with:
Divorce, including disputes over children, property or money;
Adoption, wardship and other matters involving children; and
Judgments on behalf of those who are unable to make decisions for themselves, such as persistent vegetative state victims.
The Family Division also deals with undisputed matters of probate – the legal recognition of the validity of a will – in the Probate Registry of the Family Division in London, and the 11 probate registries in England and Wales.
Throughout his career, Sir Andrew has presided over many high-profile cases, including cases related to surrogacy, adoption, and child custody. He has also been involved in many ground-breaking decisions related to family law.
During his time as President of the Family Division, Sir Andrew McFarlane has been focused on improving the family court system in England and Wales. He has implemented a number of reforms aimed at making the system more efficient and user-friendly. One of his key initiatives has been to improve the use of technology in the family court system, with the aim of reducing delays and making the process more streamlined.
Sir Andrew McFarlane has also been an advocate for greater transparency in family court proceedings. He has spoken out about the need for more openness in the system, particularly in cases involving the care and protection of children.
Conclusion
The President of the Family Division is an important position in the United Kingdom’s judicial system.
The current holder of the position, Sir Andrew McFarlane, is a highly respected and experienced family law judge who has been focused on improving the family court system. With his initiatives aimed at improving the use of technology and increasing transparency, he has made significant contributions to the field of family law in the UK.
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
The Family Court and Family Justice System in England and Wales is responsible for resolving a wide range of family disputes and providing solutions to the most complex and sensitive issues that can arise between family members. The system is designed to protect the welfare of children and provide a fair and just resolution for all parties involved.
What is the Family Court and Family Justice System?
The Family Court is a division of the court system in England and Wales that deals exclusively with family law matters. It has jurisdiction over a wide range of cases, including divorce, child custody, adoption, domestic violence, and child protection.
The Family Justice System is a broader term that refers to the entire network of agencies and professionals involved in resolving family disputes, including the Family Court, social services, mediation services, and the Children and Family Court Advisory and Support Service (CAFCASS).
When and how was the Family Court founded?
The Family Court was created in 2014 as part of a major overhaul of the family justice system in England and Wales as a result of the Children and Families Act 2014.
The aim of the reform was to consolidate the existing family courts, which were previously known as the Family Proceedings Court, County Court, and High Court, into a single unified court. The new court would handle all family law cases and provide a simpler, more streamlined process for families in crisis.
The creation of the Family Court brought all family law cases under one roof, and provided a consistent and specialist approach to resolving family disputes. The court is led by a designated family judge, who has expertise in family law and is responsible for overseeing all family cases in the court.
By what authority do the Family Court exist ?
The Family Court is a statutory court, meaning it has been established by an Act of Parliament. The court is governed by the Family Procedure Rules, which set out the procedures and rules that must be followed in family law cases.
The Family Justice System operates under a range of legislation, including the Children Act 1989, the Children and Families Act 2014, the Family Law Act 1996, and the Matrimonial Causes Act 1973.
What are Family Judges ?
“When disputes need to be decided by the Family Court, depending on the type of case, they are dealt with by either Family Panel Lay Magistrates or District Judge (Magistrates’ court) or by a District, Circuit or High Court Judge.
Family magistrates and Family judges are specially trained by the Judicial College to deal with issues affecting families, including training on domestic abuse and coercive and controlling behaviour. They receive regular updating training to ensure their expertise in family law remains up to date.”
The Family Court process can vary depending on the type of case being heard, but generally involves the following stages:
Pre-proceedings: This is where social services become involved in a family’s life due to concerns about the welfare of a child. At this stage, efforts are made to address the issues and prevent the need for court proceedings.
Mediation: Mediation is often recommended as a way to resolve family disputes without the need for court proceedings. This involves a neutral third party who helps the parties to reach an agreement.
Application: If mediation is unsuccessful or not appropriate, one or both parties may apply to the court for an order. This involves completing an application form and paying a fee.
First hearing: The first hearing is an opportunity for the court to consider the issues and decide what further steps are necessary. This may include the appointment of a CAFCASS officer, who will carry out an assessment of the child’s welfare.
Further hearings: Depending on the nature of the case, there may be further hearings to consider evidence and make decisions. This may involve the appointment of expert witnesses, such as psychologists or social workers.
Final hearing: The final hearing is where the court makes a final decision about the case. This may involve the making of a court order, which sets out what should happen next.
“The family justice system exists to help families resolve disputes arising in respect of family matters quickly and with the minimum of disruption to those involved.“
The Children and Family Court Advisory and Support Service CAFCASS is an independent organization that provides advice to the family court on matters relating to children and families. Its role is to ensure that the best interests of the child are taken into account when decisions are being made by the court. CAFCASS officers work with families to gather information about the child’s circumstances and make recommendations to the court on issues such as custody and access.
CAFCASS officers may also be asked to prepare a report for the court, known as a Section 7 report. This report provides the court with an assessment of the child’s needs and the factors that should be taken into account when making decisions about custody and access.
Family Law Legislation
There have been a number of key pieces of legislation that have shaped the family justice system in England and Wales. These include:
The Children Act 1989: This act sets out the legal framework for the protection and welfare of children in England and Wales. It established the principle that the best interests of the child should be the primary consideration in all decisions made by the court.
The Family Law Act 1996: This act introduced significant changes to the family justice system, including the establishment of the family court and the introduction of new measures to promote non-court-based dispute resolution such as mediation.
The Adoption and Children Act 2002: This act introduced significant changes to adoption law in England and Wales, including the creation of the Adoption and Children Act Register and new provisions for step-parent adoption.
The Children and Families Act 2014: This act introduced a range of reforms to the family justice system, including changes to the law on child arrangements, the introduction of a 26-week time limit for care proceedings, and the requirement for separating parents to attend mediation before making an application to the court.
Family Solicitors and Family Barristers
A family solicitor is a qualified legal practitioner in family law responsible for preparing legal documentation, representing and/or defending a client’s legal interests.
Family barristers are qualified legal professionals in family law who specialise in advocacy and litigation.
The family court and family justice system in England and Wales play a vital role in resolving disputes between family members and promoting the best interests of children.
While the process can be complex and stressful, the system is designed to be child-focused and to provide a fair and impartial process for all parties involved.
The key legislation that governs the family justice
Section 35Email a Judge ?The Secret BarristerLying vs DishonestyBar Standards Board JusticeJustice System
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
Family law is an area of law that deals with legal issues arising from family relationships, such as divorce, child custody, child support, adoption, and other matters related to family dynamics.
In the UK, mediation is an alternative dispute resolution (ADR) process that can be used in family law cases to resolve disputes outside of court. In this article, we will explore the benefits and disadvantages of mediating family law disputes in the UK and how ADR fits into the UK legal system.
Mediation is a form of dispute resolution where parties to a dispute work with a neutral third party, called a mediator, to reach a mutually acceptable agreement. The process is voluntary, confidential, and flexible. Parties can agree on any solution that works for them, and the mediator helps them to craft an agreement that meets their needs and interests.
Mediators are not all regulated and their activities are not controlled in any way. Anyone can call themselves a mediator although some mediators do have professional qualifications.
One of the benefits of mediation in family law disputes in the UK is that it can be less expensive than going to court. Litigation can be costly, with legal fees, court costs, and other expenses adding up quickly. Mediation can often be completed in a few sessions, which can save parties time and money.
Another benefit of mediation is that it can be less adversarial than going to court. Family law disputes can be emotionally charged, and litigation can exacerbate tensions between parties. Mediation provides a safe and structured environment for parties to express their concerns and work towards a resolution. The mediator can help to defuse conflicts and keep the conversation focused on problem-solving.
Mediation can also be less time-consuming than going to court in the UK. Litigation can take months or even years to resolve, depending on the complexity of the case and the court’s schedule. Mediation can often be completed in a few sessions, which can be scheduled at times that are convenient for the parties.
Mediation can be less formal than going to court. In court, parties must follow strict rules of procedure and evidence. Mediation allows parties to have more control over the process and to craft a solution that works for them. Parties can be creative in their solutions and are not bound by legal precedent or strict rules of evidence.
Mediation can also be a more private and confidential process than going to court. Court proceedings are open to the public, and court records can be accessed by anyone. Mediation is a confidential process, and the mediator cannot disclose what is said in the sessions without the parties’ consent.
Despite these benefits, there are also some disadvantages to mediating family law disputes in the UK.
One disadvantage is that the mediator cannot impose a decision on the parties. Unlike a judge, the mediator does not have the power to make a ruling that is legally binding. If parties cannot reach an agreement in mediation, they may still need to go to court to resolve their dispute.
Another disadvantage of mediation in the UK is that parties may not have access to legal advice during the process. While parties can consult with attorneys outside of the mediation sessions, they may not have their attorney present during the mediation itself. This can put parties at a disadvantage if they are not familiar with the law or the UK legal system.
Mediation also requires a certain level of cooperation between the parties. If one party is unwilling to participate in mediation or is uncooperative during the process, mediation may not be successful. In such cases, parties may need to resort to litigation to resolve their dispute.
In addition to traditional mediation, there are several other types of alternative dispute resolution (ADR) that can be used in UK law disputes. These include arbitration, collaborative law, and negotiation.
Arbitration is a process where parties to a dispute present their case to a neutral third party, called an arbitrator, who makes a legally binding decision. Like mediation, arbitration can be less expensive and less formal than going to court. However, the arbitrator’s decision is final and legally binding, which means parties may lose their right to appeal or challenge the decision.
Collaborative law is a process where parties work together with their lawyers and other professionals, such as financial advisors or mental health professionals, to reach a mutually acceptable agreement. This process is often used in divorce cases in the UK and can be less adversarial than going to court. However, like mediation, collaborative law requires a certain level of cooperation between the parties.
Negotiation is a process where parties to a dispute work together to reach an agreement without the involvement of a neutral third party. This can be done through informal discussions or formal negotiations. Negotiation can be less expensive and less formal than going to court, but it also requires a certain level of cooperation between the parties.
In the UK, ADR is encouraged by the courts and is often used as a first step in resolving disputes. The Family Procedure Rules 2010 and various amendments require parties to attend a Mediation Information and Assessment Meeting (MIAM) before they can apply to the court for certain types of family law disputes.
The following Family Rules and Practice Directions apply :-
The purpose of the MIAM is to inform parties about the benefits of mediation and other forms of ADR and to assess whether mediation or another form of ADR is appropriate for the case.
If parties do not reach an agreement through mediation or other forms of ADR, they may still need to go to court to resolve their dispute. However, even if the case goes to court, parties may be required to attempt mediation or other forms of ADR before the court will hear their case. This is known as “compulsory ADR” and is intended to encourage parties to resolve their dispute without the need for court intervention.
Mediation and other forms of ADR are not just limited to family law disputes in the UK. They can also be used to resolve disputes in other areas of law, such as civil law.
Civil law disputes can include a wide range of issues, such as breach of contract, negligence, property disputes, and employment disputes. Mediation and other forms of ADR can be used to resolve these disputes, as well as family law disputes.
In civil law disputes, parties may choose to use mediation as a way to resolve their dispute before going to court. This can be a less expensive, less formal, and less time-consuming option than going to court. Mediation can also allow parties to maintain a more amicable relationship, which can be important in business or employment disputes where ongoing relationships may be necessary.
Other forms of ADR, such as arbitration and negotiation, can also be used in civil law disputes. Arbitration can be a more formal and legally binding alternative to mediation, but it can also be less expensive and less time-consuming than going to court. Negotiation, like in family law disputes, involves parties working together to reach a mutually acceptable agreement without the involvement of a neutral third party.
The UK legal system encourages the use of ADR in civil law disputes as well. The Civil Procedure Rules 1998 require parties to consider ADR before going to court. This means that parties must show that they have considered ADR, such as mediation or arbitration, before going to court.
If parties do not reach an agreement through ADR, they may still need to go to court to resolve their dispute. However, even if the case goes to court, parties may be required to attempt mediation or other forms of ADR before the court will hear their case. This is intended to encourage parties to resolve their dispute without the need for court intervention, which can be a more costly and time-consuming option.
However, mediation requires a certain level of cooperation between the parties, and the mediator cannot impose a legally binding decision on the parties. Other forms of ADR, such as arbitration, collaborative law, and negotiation, may also be used to resolve family law and civil law disputes.
The UK legal system rightly encourages the use of ADR and may require parties to attempt mediation or other forms of ADR before going to court.
In conclusion, mediation and other forms of ADR can be effective tools for resolving family law and civil law disputes in the UK. Mediation can be less expensive, less adversarial, less time-consuming, less formal, and more private than going to court.
Section 35Bar Standards Board JusticeThe Secret BarristerJustice SystemLying vs DishonestyEmail a Judge ?
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
Legal aid is a government-funded program that provides financial assistance to individuals who cannot afford legal representation in court. In the United Kingdom, legal aid is administered by the Legal Aid Agency, which is an executive agency of the Ministry of Justice.
Legal aid in the UK is available for both criminal and civil cases. Criminal legal aid is available for individuals who are facing criminal charges and cannot afford to pay for legal representation. Civil legal aid is available for a wide range of cases, including family law, housing, immigration, and employment law.
In order to be eligible for legal aid, an individual must meet certain criteria.
You could for example get legal aid if:
you or your family are at risk of abuse or serious harm, for example domestic violence or forced marriage
you’re at risk of homelessness or losing your home
you’ve been accused of a crime, face prison or detention
Your legal adviser or family mediator will apply for legal aid on your behalf. If you qualify, the government will pay their costs directly.
Once an individual has been granted legal aid, they will be assigned a solicitor who will represent them in court. The solicitor will be responsible for preparing their case, representing them in court, and negotiating settlements or plea bargains on their behalf.
However, it is worth noting that the availability of legal aid in the UK has been significantly reduced in recent years due to funding cuts. This means that many individuals who would have previously been eligible for legal aid may no longer be able to access it. In addition, the scope of civil legal aid has been narrowed, with many areas of law no longer covered by the program.
Despite these challenges, legal aid remains an important tool for ensuring that everyone has access to justice, regardless of their financial circumstances. It provides crucial support for those who cannot afford legal representation, and helps to ensure that the justice system is fair and equitable for all.
Lying vs DishonestySection 35Email a Judge ?Justice SystemBar Standards Board JusticeThe Secret Barrister
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
Family law is the branch of law that deals with family-related issues, such as divorce, child custody, and adoption. Family Barristers who specialise in family law are often called upon to provide sensitive and compassionate advice and representation to clients who are going through difficult personal situations.
In family law cases, family barristers are typically instructed by solicitors on behalf of their clients. The solicitor will handle the administration of the case and prepare the necessary legal documents, while the barrister will provide expert advice and representation in court proceedings.
Family Barristers must have a deep understanding of the complex emotional and legal issues that arise in family disputes. They must also have excellent advocacy skills, as they will be required to present complex legal arguments to judges and juries in court while being sensitive to the emotional needs of their clients.
You can find a family barrister using The Bar Council Find a Barrister website which will help you to find a barrister to represent you, either through a solicitor or through the direct access scheme.
Barristers are legal professionals who specialise in advocacy and litigation. They play a vital role in the legal system, representing clients in court and providing legal advice. Barristers can be classified into two types: direct access barristers and traditional barristers.
Most barristers are self-employed, individual practitioners who may work as a solo practitioner or, more commonly, in groups of offices known as barristers chambers.
In England, “called to the bar” is a term used to describe the formal admission of a person to practice as a barrister in the courts of England and Wales. It is a ceremony where a person who has completed the necessary education and training, which typically includes obtaining a qualifying law degree, completing the Bar Professional Training Course (BPTC), and undertaking a period of pupillage, is officially recognized as a barrister and granted the right to practice in the courts.
The ceremony involves the person being called to the bar by the Inn of Court to which they belong, which is one of the four professional associations for barristers in England and Wales. During the ceremony, the person will typically make a declaration of allegiance and professionalism, and they will then sign the roll of barristers. After being called to the bar, the person can then appear in court and provide legal representation to clients.
A limited number of senior barristers receive ‘silk’ – becoming King’s Counsel (KC) – as a mark of outstanding ability. They are normally instructed in very serious or complex cases. Most senior judges once practised as KCs
The Bar Council which is the independent, practising Bar of England and Wales is more than 16,500 strong and plays a crucial role in upholding the principles of government accountability under law and vindication of legal rights through the courts.
The Bar Standards Board (BSB) regulates barristers and specialised legal services businesses in England and Wales in the public interest.
The BSB Handbook 4.8 contains the rules about how barristers must behave and work. It also contains the Code of Conduct for barristers.
You can also report your concern about a barrister by using the Word version of the form and then sending it by email to contactus@barstandardsboard.org.uk or by post to: The Bar Standards Board, 289-293 High Holborn, London, WC1V 7HZ.
Many family law barristers are members of the Family Law Bar Association (FLBA) which is the specialist Bar Association for family barristers and has over 1700 members.
The Criminal Bar Association (CBA) exists to represent the views and interests of approximately 2,400 specialist criminal barristers in England & Wales.
The London Common Law & Commercial Bar Association (LCLCBA) has approximately 1500 members and is open to any member of the Bar of England & Wales whose practice is predominantly civil law within the High Court, including the Commercial Court, the County Court and/or tribunals in and around London.
The FLA aims to provide a forum to represent experienced lawyers (solicitors, barristers, and legal executives) practising in the areas of civil and criminal fraud.
Barristers
Traditional barristers are barristers who work through solicitors. They are instructed by solicitors on behalf of clients and provide legal advice, prepare legal documents and represent clients in court proceedings. Traditional barristers are experts in their field and are often called upon to provide specialist advice and representation in complex and high-profile cases.
To become a traditional barrister, individuals must complete the necessary education and training. This includes obtaining a qualifying law degree or a degree in another subject followed by a one-year conversion course. After completing their degree, they must undertake the Bar Professional Training Course (BPTC) and complete a one-year pupillage with a senior barrister. After completing pupillage, they can apply for tenancy and become a self-employed barrister.
Traditional barristers have a close working relationship with solicitors, who instruct them on behalf of clients. Solicitors handle the administration of cases and the preparation of legal documents, while barristers provide advice and representation in court proceedings. This division of labour allows barristers to specialise in advocacy and litigation, while solicitors specialise in legal research and document preparation.
Direct Access Barristers
Direct access barristers are barristers who can be instructed directly by members of the public without the need for a solicitor. This means that clients can contact a direct access barrister directly and receive legal advice and representation without going through a solicitor. Direct access barristers have undergone the same training and qualification process as traditional barristers, but they have also completed additional training to enable them to work directly with clients.
Direct access barristers are useful for clients who have a good understanding of their legal case and who can manage some aspects of their case themselves. Clients can choose to instruct a direct access barrister for a particular aspect of their case or for the entire case, depending on their needs and budget. However, direct access barristers are not suitable for all cases, particularly those that are complex or involve a significant amount of legal work.
The use of direct access barristers has become increasingly popular in recent years, as it offers clients greater flexibility and cost-effectiveness. Clients can choose to instruct a direct access barrister for a particular aspect of their case or for the entire case, depending on their needs and budget. This can result in significant cost savings for clients, as they do not need to pay for the services of a solicitor in addition to a barrister.
However, there are some limitations to the use of direct access barristers. Direct access barristers are not suitable for all cases, particularly those that are complex or involve a significant amount of legal work. Clients who are not familiar with the legal system may also find it difficult to navigate the process of instructing a direct access barrister and may benefit from the assistance of a solicitor.
Barristers Summary
In summary, both traditional and direct access barristers play important roles in the legal system in the UK. Traditional barristers work closely with solicitors to provide clients with high-quality legal advice and representation, while direct access barristers offer clients greater flexibility and cost-effectiveness by allowing them to instruct a barrister directly without the need for a solicitor.
Types of Law covered by Barristers
Civil Law
Civil law is the branch of law that deals with disputes between individuals or organisations, such as contract disputes, property disputes, and personal injury claims. Barristers who specialise in civil law are often called upon to provide expert advice and representation in complex and high-value cases.
In civil law cases, barristers are typically instructed by solicitors on behalf of their clients. The solicitor will handle the administration of the case and prepare the necessary legal documents, while the barrister will provide expert advice and representation in court proceedings.
Barristers who specialise in civil law must have a deep understanding of the legal principles and rules that govern civil disputes. They must also have excellent advocacy skills, as they will be required to present complex legal arguments to judges and juries in court.
Criminal Law
Criminal law is the branch of law that deals with offences against the state or society, such as theft, assault, and murder. Barristers who specialise in criminal law are often called upon to provide expert advice and representation in complex and high-profile criminal cases.
In criminal law cases, barristers are typically instructed by solicitors on behalf of their clients. The solicitor will handle the administration of the case and prepare the necessary legal documents, while the barrister will provide expert advice and representation in court proceedings.
Barristers who specialise in criminal law must have a deep understanding of the legal principles and rules that govern criminal offences. They must also have excellent advocacy skills, as they will be required to present complex legal arguments to judges and juries in court.
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
His Honour Judge Andrew Gwyn Menary is a Circuit Judge and the Recorder of Liverpool. He is the most senior judge at Liverpool Crown Court.… Read more: His Honour Andrew Menary KC
In an unprecedented move to tackle the rising threat of converted firearms within the UK, a national amnesty has been initiated for specific types of… Read more: Firearms Amnesty
Mr Justice Goose is a British High Court judge in the King’s Bench Division. Sir Julian Nicholas Goose is known as The Honourable Mr Justice Goose and should… Read more: Mr Justice Goose
The Open Justice Principle refers to the idea that justice should be administered openly, transparently and in a manner that is accessible to the public.… Read more: Open Justice
