The Family Law Pod from St John’s Chambers

Zoë Saunders and Lucy Reed KC discuss the recently published guidance from the Family Justice Council: Responding to a child’s unexplained reluctance, resistance or refusal to spend time with a parent and allegations of alienating behaviour (https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/family-justice-council/resources-and-guidance/parental-alienation/). Zoë and Lucy summarise and explain the approach mandated by the guidance, and consider what practical difference it may make, for parents accused of alienating behaviours for those who wish to raise it as an issue, and for those representing the parties or the children in such cases. Discussion points include the co-occurrence of allegations of domestic abuse with allegations of alienating behaviour, the voice of the child and the role of experts.

In this episode, Georgina Swinglehurst and Glen Pritchard discuss all things to do with instructing counsel – ideally when should solicitors get counsel involved? Who should they instruct on each case? What makes a great brief? Having both previously worked in solicitors’ firms, they also share their top tips on how to build the best relationships between counsel and instructing solicitors.

Bethany Scarsbrook and Georgina Swinglehurst of St John's Chambers Family & Divorce team grapple with the topical issue of when an asset is deemed to have become matrimonialised. They consider the case law leading up to Standish v Standish [2024] EWCA Civ 567, before analysing whether the Court of Appeal decision fell into error, and considering the extent of the potential ramifications, particularly in light of the pending appeal to the UKSC.

In this episode Sophie Smith-Holland and Chelsea Bartlett will discuss the implications of the case N v J [2024] EWFC 184, in respect of if and how to run domestic abuse allegations as ‘conduct’ in financial remedy proceedings.

In this episode, Sarah Phillimore and Asha Groves take a look at the recent shift away from the label of parental alienation and towards a definition of alienating behaviours in case law and guidance. They consider how to approach these cases in practice both now and in the future with particular consideration of the use of unregulated experts in this area.

In this podcast, Jack Harris and Vivien Croly of our Family & Divorce team discuss the topic of costs in financial remedy proceedings, including a refresher on the different costs regimes and their application, top tips when preparing for, or engaging with, an application for costs, and an overview of some specific costs-related caselaw.

Cases discussed here

On the approach to his fiftieth anniversary at the Bar, St John’s Chambers founder Christopher Sharp KC talks to Ben Handy about his distinguished career, reflecting on life as a pupil in the 70s, the changes and developments he has seen over the decades, the cases he has won (and lost!), what St John’s means to him, and his plans for the next 50 years.

In this podcast, Abigail Bond and Sarah Phillimore of St John's Chambers Family & Divorce team discuss the issues relating to learning disabled parents in care proceedings and what has changed in approach and practice over the past 20 years. They will also look at how far we have come since the The Good Practice Guidance on Working with Learning Disabled Parents published in 2007.