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Family law update (England and Wales): intermediaries guidance; UKSC habeas corpus in care; CA judge anonymity; Hirachand bars success fees; PR from mistaken registration; financial remedies guidance; PDOC treatment withdrawal

Published on: 30 January 2025

Published by a LexisNexis Family expert
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Practice and procedure

Courts and Tribunals: Judiciary publishes fresh practice guidance on intermediaries, lay advocates and cognitive assessments in the Family Court

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...

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