Halcyon Chambers is pleased to announce that the application process for Pupillage 2021 is now open.
Please go to the Recruitment page for more details and to download the Application Form.
Good Luck!
Halcyon Chambers is pleased to announce that the application process for Pupillage 2021 is now open.
Please go to the Recruitment page for more details and to download the Application Form.
Good Luck!
Jonathan Bott has represented the mother in an application made by the father, an Australian national, for an order under article 21 of the Hague Convention on the Protection of Children 1996, and furthermore a s8 order for contact under the Children Act 1989.
This is Jonathan’s second successful opposition of an application by an Australian national against a UK based mother in the last 6 months.
In this matter, initially heard in the High Court and then in the Manchester Family Court, Jonathan argued on behalf of his client that not only should there be a ‘no contact order’ under s8 of the Children Act, but there should be a s91(14) order prohibiting the father from making further application during the child’s minority and moreover that the father’s Parental Responsibility should be terminated pursuant to s4(2A) of the Children Act.
Termination of Parental Responsibility is a draconian measure, only available where fathers have not been married to the mother and is considered in a number of cases, most recently in the case of B and C (Change of Names- Parental Responsibility- Evidence) [2017] EWHC 3250 (Fam).
Following legal argument, the court agreed to dismiss the Hague Convention application, made a no contact order and a s91 (14) order and in addition the father’s parental responsibility was terminated. Jonathan also was able to secure a non-molestation order against the father, applied in the face of the court.
Chambers wishes to congratulate Muhammad Ul-Haq on successful completion of the Second Six of his pupillage. Muhammed undertakes work in all practice areas and all enquiries should be addressed to clerks@halcyonchambers.com
Chambers also wishes to congratulate Naomh Gibson on successful completion of her First Six. Naomh is now able to take instructions in all areas of practice and all enquiries should be addressed to clerks@halcyonchambers.com
Article by Naomh Gibson
There are a number of reasons why individuals may choose to represent themselves as a ‘litigant in person’. The most common motivation is financial, as fewer cases now qualify for public funding than in days gone by.
Despite their increased numbers, some litigants in person are reporting discriminatory and unfavourable treatment by the judges hearing their case. However, as seen in the recent decision in the libel case of Serafin v Malkiewicz & Ors [2020] UKSC 23, if it is severe enough, judicial bullying may be grounds for a trial to be declared unfair, and the decision appealed to be made again fresh with a different judge.
In this case, the claimant sued the defendants for libel in respect of an article which they published about him in a newspaper addressing issues of interest to the Polish community in the UK, in which he was accused of abuse of position and fraud. The Claimant chose to represent himself despite English not being his first language. During the 5 day trial, there were up to 25 identified instances when the High Court judge acted inappropriately.
After considering the transcripts, the Supreme Court held that the “nature, tenor and frequency of the judge’s interventions were such as to render [the trial] unfair”. The Supreme Court commented that while legal professionals will generally be equipped by training and experience to withstand a degree of judicial pressure, judges must not forget that the litigant in person is not likely to have the same level of training and experience, and so judges must temper their conduct accordingly.
The Supreme Court provided a Schedule of these instances, which were held to be examples of inappropriate conduct by Mr Justice Hays. The following themes emerged:-
This is not to say, of course, that a single instance of any one of the above bullet points will automatically render a trial unfair, but this may be the case where there is a wider pattern of bullying behaviour and repeated examples of inappropriate conduct by the judge.
What many litigants in person do not realise is that it is possible to go directly to a barrister without having to involve anyone else (e.g. a solicitor) if they so wish. Halcyon Chambers have a number of our barristers approved by the Bar Council to take instructions directly from members of the public. Pleas contact our clerks on 0121 237 6035 or clerks@halcyonchambers.com for further information.
Naomh is a first six pupil accepting instructions from July 2020 onwards.