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Family proceedings – Evidence. The justices had, in the course of private family law proceedings, ordered that an expert be instructed to conduct a psychological assessment of the father. The mother's application for such a report had been made orally during submissions before the court. The Court of Appeal, Civil Division, set that order aside. The justices had failed to comply with the statutory and procedural scheme provided by FPR Pt 25 and PD 25 and s 13 of the Children and Families Act 2014 in respect of the instruction of experts. Further, it had been unlawful to make a mandatory direction that the father undergo what was a form of medical procedure. Finally, the justices had erred in the manner in which they had approached payment of the cost of the report. Guidance was given on the fair process to be afforded to litigants in person whose language was not English.
Family proceedings – Evidence. The justices had, in the course of private family law proceedings, ordered that an expert be instructed to conduct a psychological assessment of the father. The mother's application for such a report had been made orally during submissions before the court. The Court of Appeal, Civil Division, set that order aside. The justices had failed to comply with the statutory and procedural scheme provided by FPR Pt 25 and PD 25 and s 13 of the Children and Families Act 2014 in respect of the instruction of experts. Further, it had been unlawful to make a mandatory direction that the father undergo what was a form of medical procedure. Finally, the justices had erred in the manner in which they had approached payment of the cost of the report. Guidance was given on the fair process to be afforded to litigants in person whose language was not English.
The Bar Council will press for investment in justice at party conferences, the Chancellor’s Budget and Spending Review
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To mark the fifth anniversary of the Bar Standards Board’s Race Equality Taskforce, Dee Sekar reflects on key milestones, the role of regulation in race equality, and calls for views on the upcoming equality rules consultation
Christianah Babajide talks to four female senior clerks who share insights for aspiring clerks, especially women, as well as their hopes for the future of the profession
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Britain needs to get over its shameful denial of racism, call it what it is and start to effectively deal with the problem, says Vithyah Chelvam
An epic failure of public policy has filled our crumbling prisons to capacity, says Lord Ken Macdonald KC. How did we get here, and what might reform look like?