Emergency Remedies in the Family Courts

Emergency-remedies_full_cover

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Format:
Looseleaf
ISBN:
978 0 85308 329 0
Editor:
Her Honour Nazreen Pearce, His Honour Nigel Fricker QC
Category:
Family

The standard reference work on emergency applications

Recognised as the standard reference work on the subject, this work gives practical guidance on how all emergency applications should be made. For any family law crisis, Emergency Remedies in the Family Courts:

  • Identifies the appropriate remedy
  • Explains in step-by-step detail the requisite procedure
  • Provides model applications and pleadings
  • Clarifies the underlying law


Written and edited by an unrivalled team of experts, definitive advice is provided on all aspects of the law, together with guidance on over 70 urgent applications, including:

  • Application for non-molestation and/or occupation order under Family Law Act 1996, Part IV
  • Application for a freezing injunction
  • Authority to place a child in secure accommodation
  • Application for an emergency protection order
  • Application for authority under the inherent jurisdiction
  • Application for warrant of arrest under Family Law Act 1996, Pt IV, s 47(8)
  • Application for forced protection orders
  • Application for judicial review
  • Urgent appeal against an order by magistrates for transfer of residence of a child
  • Application to extend or restrict publicity
  • Application in respect of those lacking mental capacity


Emergency Remedies in the Family Courts
has a unique format comprising four parts:

  • Key Page
    A quick reference guide to the appropriate application, who can apply and in which court the application must be made
  • Procedural Guide
    Takes you step-by-step through each stage of an application and cross-refers you to the relevant rules of court
  • Precedents
    Include all documentation needed for each application
  • Law and Practice
    These sections present unrivalled advice from a team of experts giving you a full understanding of the applicable law


New for 2012

Fully revised and restructured to take account of the impact of the Family Procedure Rules 2010 and supplementary Practice Directions


2012 Subscription Information

£395.00 mainwork inc mainland UK p&p £12 Overseas Postage
2 updates per year (annual subscription March - February £315.00)

General Editor

Her Honour Nazreen Pearce

Founding Editor

His Honour Nigel Fricker QC

Contributors

David Burrows, Solicitor Advocate, Bristol
District Judge Andy King
David Salter,
Joint National Head of Family Law, Mills & Reeve, Leeds, Manchester, Cambridge, Norwich, Birmingham and London  
Maggie Silver, Family Legal Services Manager, North & East Surrey Magistrates’ Court
Jonathan Whybrow, Partner, Howells, Sheffield

  • Applications under the Children Act 1989
  • Wardship and the Inherent Jurisdiction
  • Adoption
  • Child Abduction: Registration and Enforcement
  • Personal Protection and Occupation of the Family Home
  • Protection of Family Property
  • Restriction of Publicity
  • Protection of the Mentally and Physically Infirm
  • Appeals Including Stay of Execution and Bail
  • Civil Partnership
  • Appendices
  • Emergency Contact Details

Update 33 (March 2012)


This release contains updates to the General division, including a new section on disclosure; Parts A (Applications under the Children Act 1989); B (Wardship and the inherent jurisdiction); D (Child abduction: registration and enforcement); E (Personal protection and occupation of the family home); F (Protection of family property); G (Restriction of publicity); H (Protection of the mentally and physically infirm); I (Appeals); and J (Civil partnership).

Appendix 2 has also been amended to bring it in line with the Family Procedure Rules 2010. Practice Directions 12D to 12F have been added to Appendix 10. The Family Justice Council Protocol for process servers: Non-molestation orders has been added to Appendix 11 along with the guidance MARACs and Disclosure into Court Proceedings.

 -------------------------------

With the new FPR in place it is important you continue to have up-to-date information to hand. For 2012, the issue due in the spring will include the following highlights:

  • Guidance given in A City Council v T, J &K (By her children's Guardian) [2011] EWHC 1982 relating to FPR 2010, r 12.14 – attendance of a child at a hearing – and more particularly concerning applications for secure accommodation
  • Updates and analysis of all recent cases on committals for contempt and more particularly the decision in JSC BTA Bank v Ablyazov both at first instance and in the Court of Appeal [2011] EWCA Civ 1386
  • The use of occupation property order to the provisions of the CA 1989, s 11(7), relating to the directions and conditions which may be imposed on s 8 orders
  • Case-law on the balance struck between the competing Arts 8 and 10 rights in applications for restraint on publication
  • The use of a Hadkinson order as a means of enforcement
  • Case-law on importance of disclosure in all 'without notice' applications and the consequences of default
  • Analysis of the long-awaited decision in the case of Kernott v Jones by UKSC.

"A very good tool for the busy family lawyer"
Solicitors Journal

 

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