Private children: Weighing up the options

Allie Pitchford contrasts and compares s91(14) and civil restraint orders in the era of ‘lawfare’ Civil restraint orders have the potential to be far more expansive in their impact than s91(14) orders, although the hurdle they present in bringing further applications to the court is merely an additional permission stage, rather than a complete bar …
This post is only available to members.

Civil Restraint Orders: Beyond control?

Danielle Taylor sets out the circumstances in which the courts may prohibit a party from making further applications, and the limitations of such orders ‘Mostyn J suggested that there should be in place an up-to-date and fully accessible register of all civil restraint orders, together with an automatic flagging system, so that when an application …
This post is only available to members.

Privacy: Behind closed doors

Shlomit Glaser and Tim Jones examine issues of privacy and confidentiality in family proceedings ‘There remains a judicial discretion to determine whether the media can be in attendance and the extent to which what they witness may be reported.’ Confidentiality can be a significant issue in family proceedings for many divorcing couples. This is particularly …
This post is only available to members.

Civil Restraint Orders: Under control

Emma Morris examines the powers of the courts to make civil restraint orders and the circumstances in which such an order may be appropriate ‘The effect of a general civil restraint order is that if a party who is subject to one makes an application to any court without first obtaining permission, the application will …
This post is only available to members.

Costs: Behaving badly

Lyn Ayrton and Claire O’Donnell suggest that costs orders penalising ‘litigation conduct’ may be on the rise and discuss some recent cases ‘There has been a notable increase in reported cases in which the court has made substantial costs orders for various aspects of litigation conduct.’There are two main types of conduct that may be …
This post is only available to members.