Published on: 30 January 2025
Published by a LexisNexis Family expert
The President of the Family Division, Sir Andrew McFarlane, has issued new guidance addressing the deployment of intermediaries, lay advocates and cognitive assessments in family cases. Applications seeking such assessments must justify necessity, with a clear focus that intermediaries are only to be engaged where indispensable to secure fair participation, and seldom across whole hearings. The guidance sets out the function of intermediaries under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A, explains the steps for preliminary and cognitive assessments, and underlines that although informative, assessment outcomes are not conclusive. The discretion to appoint an intermediary rests with the judge. The aim is to promote proportionate and appropriate use of these adjustments to assist vulnerable parties while preserving efficient court management. See: LNB News 23/01/2025 29...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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