St John’s Chambers Family & Divorce team have created a compelling channel for family law lawyers which will provide news, insights, and some personality to complex legal cases. Our podcasts will convey thought leadership throughout our episodes as well as simplify and discuss implications of key cases in family law. We will also aim to save solicitors some time in summarising and explaining developments.
Case Law Update #6: cross-examining vulnerable parties and procedurally unfair findings
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
In this episode, Chelsea Bartlett discusses an appellate decision which considers the balance between ensuring compliance with rules of FPR Part 3A and PD3AA whilst enabling all parties to adequately put their case. Kate Pearson looks at the appellate court’s view of a decision to make findings of alienating behaviours despite a preliminary determination that such allegations would not be considered.
Case citations:
R v R [2025] EWHC 3180 (Fam)
A Mother (Appeal: Alienating Behaviours: Fair Procedure) [2026] EWHC 783
6 Jul 2026
Case Law Update #5 - approach to DA allegations and the deeming of threshold
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
Episode 18: Case Law Update #5 - approach to DA allegations and the deeming of threshold
In this episode, Kate Pearson takes us through the detail of a recent case which considered the relevance of domestic abuse allegations when they are not considered as a ‘bar to contact’, and Chelsea Bartlett considers the case which spurred on the recent change to the Standard Family Orders and the ‘deeming of threshold’ provision.
Case citations:
Re D (Threshold Findings and Final Orders at the IRH) [2025] EWCA Civ 1362
GI v K [2026] EWHC 480 (Fam)
28 Jan 2026
Non-court dispute resolution in financial remedies proceedings
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
Episode 17: Non-court dispute resolution in financial remedies proceedings
In this episode Georgina Swinglehurst and Jenny Wilson discuss changes to the Family Procedure Rules relating to NCDR and the court’s expectations regarding parties’ use of NCDR. They also consider a range of NCDR options including tips and insights in relation to Private FDRs, Arbitrations and round table meetings.
15 Dec 2025
Case law update #4 - Parties to discharge of SGO and approach to fact-finding decisions
New Family Law Pod from St John's Chambers
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
Episode 16: Case law update #4 – Parties to discharge of SGO and approach to fact-finding decisions
In this episode, Chelsea Bartlett discusses a short and sweet judgment concerning the automatic and appropriate parties on an application to discharge a Special Guardianship Order. Sophie Smith-Holland takes us through the detail of a recent case which revisits the appropriate decision-making process and approach to be taken when determining whether or not a Fact-Finding Hearing is necessary and proportionate.
The full citations for the cases discussed are:
A Child (Discharge of SGO: local authority party status) [2025] EWFC 305 (B)
Re B (a child) [2020] EWCA Civ 1673
ER v NT (Need for fact-finding hearing) [2025] EWHC 2146 (Fam)
Re H-N and Others (children) (domestic abuse: finding of fact hearings) [2021] EWCA Civ 448
K and K [2022] EWCA Civ 468
Guidance concerning fact finding hearings and domestic abuse in Private Law children proceedings
TRC v NS [2024] EWHC 80
13 Nov 2025
Case law update #3 – pFDR privilege and adverse inference
Welcome back for another episode in our Case Law Update series! In this episode, Chelsea and Sophie, of our Family Law team, discuss two recent Financial Remedy cases which consider the importance of FDR/pFDR privilege, and the need to sufficiently evidence an asserted change in financial circumstances and the risk of the Court drawing adverse inferences if a party is unable to do so.
The full citations for the cases discussed are:
BC v BC [2025] EWFC 23
GH v GH [2024] EWHC 2547 (Fam)
AS v CS [2021] EWFC 34
BC v BC [2025] EWFC236
29 Oct 2025
Covert Recordings in Family Proceedings: Part 2
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
Episode 14: Covert Recordings in Family Proceedings: Part 2
In this episode, which follows on from their earlier podcast, Covert Recordings in Family Proceedings: Part 1, Vivien Croly is joined again by Katie Hanson, Senior Associate Solicitor from VWV where they review the updated FJC Guidance on Covert Recording, which was released in May 2025.
17 Sept 2025
Case Law Update #2 – private law children – return orders and costs
Our Family Law Pod is created by our Family and Divorce team, and provides news, tips and insights around current family law topics, and discusses the implications of key cases and guidance. Useful for anyone involved in the family court, in particular busy solicitors.
Episode 13: Case Law Update #2 – private law children – return orders and costs
This is the second episode in our Case Law Update series and today Chelsea and Vivien are delving into two recent Children Law judgments. The cases highlighted in this episode concern the treatment of a child’s wishes and feeling in an application for a Return Order, and a reminder of the risk of costs consequences in children proceedings.
The full citations for the cases discussed are:
Re G (No. 2) (A Child: Return From USA) [2025] EWHC 1224 (Fam)
E (Children: Costs) [2025] EWCA Civ 183
Chelsea also refers to a previous reported decision in the Re G case in relation to habitual residence – Re G (A Child) (Jurisdiction: Habitual Residence Following Lawful Relocation) [2025] EWHC 911 (Fam).
Vivien additionally refers to the decisions in Re J (Costs of Fact-Finding Hearing) [2009] EWCA Civ 1350, [2010] 1 FLR 1893 (Ward and Wilson LJJ) and Re T (Children) (Costs: Care Proceedings: Serious Allegation Not Proved) [2012] UKSC 36, [2013] 1 FLR 133 as discussed in E (Children: Costs) [2025] EWCA Civ 183.
16 Jul 2025
Case law update #1 – financial remedies - litigation misconduct and capacity
Welcome to the first episode in our new Case Law Update series. In this episode, Chelsea and Vivien, of our Family and Divorce team, discuss two recent Financial Remedy cases which consider an extreme example of litigation misconduct, and the difficulties encountered when one party in proceedings lacks capacity to litigate.
The full citations for the cases discussed are:
TA v SB [2025] EWFC 61 (B)
Mary-Jane Grace and Ian Douglas Grace [2025] EWFC 37 (B)
16 May 2025
Covert Recordings in Family Proceedings: Part 1
Part 1 was recorded prior to the publication of the FJC Guidance. Part 2, which will consider the new guidance, is coming soon!
In this episode, Vivien Croly is joined by Katie Hanson, Senior Associate Solicitor at VWV to discuss covert recordings in family law proceedings. They consider the issues faced by practitioners when dealing with different types of covert recordings as well as looking at case law where covert recordings have, and have not been relied upon.
23 Dec 2024
The new Alienating Behaviours Guidance
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.
9 Dec 2024
Instructing Counsel
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.
21 Nov 2024
Matrimonialisation: A sea change or a storm in a tea cup?
Bethany Scarsbrook and Georgina Swinglehurst of St John's Chambers Family & Divorce team dissect the Court of Appeal decision in Standish v Standish, exploring its implications for matrimonialization and asset division in divorce cases.
18 Oct 2024
What is the position on domestic abuse as ‘conduct’ in financial remedy proceedings?
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.
26 Sept 2024
From parental alienation to alienating behaviours
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.
14 Jun 2024
Costs in Financial Remedy Proceedings
In this podcast, Jack Harris (https://www.stjohnschambers.co.uk/profile/jack-harris/family-divorce) and Vivien Croly (https://www.stjohnschambers.co.uk/profile/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.
13 May 2024
50 Years at the Bar: Christopher Sharp KC
On the approach to his fiftieth anniversary at the Bar, St John’s Chambers founder Christopher Sharp KC (https://www.stjohnschambers.co.uk/profile/christopher-sharp-qc) talks to Ben Handy (https://www.stjohnschambers.co.uk/profile/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.
16 Oct 2023
Learning Disabled Parents in Care Proceedings
In this podcast, Abigail Bond (https://www.stjohnschambers.co.uk/profile/abigail-bond) and Sarah Phillimore (https://www.stjohnschambers.co.uk/profile/sarah-phillimore) of St John's Chambers Family & Divorce (https://www.stjohnschambers.co.uk/areas-of-law/family-and-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.
4 Jul 2023
Domestic abuse in financial remedy proceedings
In this podcast, Jack Harris (https://www.stjohnschambers.co.uk/profile/jack-harris/family-divorce) and Vivien Croly (https://www.stjohnschambers.co.uk/profile/vivien-croly) of St John's Chambers Family & Divorce (https://www.stjohnschambers.co.uk/areas-of-law/family-and-divorce) team look at domestic abuse in financial remedy proceedings.
6 Jun 2023
Vulnerability in children and financial proceedings
In this podcast, Lucy Reed KC (https://www.stjohnschambers.co.uk/profile/lucy-reed-kc) and Jacqueline Humphreys (https://www.stjohnschambers.co.uk/profile/jacqueline-humphreys-2) of St John's Chambers Family & Divorce (https://www.stjohnschambers.co.uk/areas-of-law/family-and-divorce) team review the developing law on participation directions under Pt3A of the Family Proceeding Rules to better achieve access to justice for vulnerable people, and consider how principles that are mainly being worked out in the context of children proceedings can and should also be applied within financial remedy proceedings.
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