header-logo header-logo

Uniting family & civil

13 February 2015
Issue: 7640 / Categories: Case law , Judicial line , In Court
printer mail-detail

Can a Sch 1 (Children Act 1989) application and a TOLATA claim be consolidated or determined at the same time by the Family Court (in which the former has been made) or the County Court (in which the latter has been brought) where the same parties are involved in each case?

The proceedings cannot be consolidated. The Sch 1 application must be heard by a judge of the Family Court and the TOLATA claim by a judge of the County Court (unless in either case the claim is being heard in the High Court). They can be case managed and heard together, provided that the judge is able to sit as a judge of both courts. Many judges who sit in a combined Family/County Court centre will be able to do so, though where the TOLATA claim is proceeding under CPR Pt 7 and allocated to the multi-track, a district judge would need permission from their designated civil judge to deal with its final hearing. In the Central Family Court/PRFD a TOLATA claim may only be brought in the High Court, but a district

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll