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Children - change of name

M's application to change her daughter's surname was refused by the High Court, but she was allowed to continue withholding identifying details as to her address and school, and her GP.

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Procedure - legal aid

The LAA has published guidance for practitioners submitting claims in civil and family legally aided cases - covering certificated and controlled work, including legal help escape cases and controlled legal representation.

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Children - abduction

The Official Solicitor and Public Trustee has recently published Child abduction: accredited solicitors referral list
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Adoption - British citizenship

The entitlement of adopted children to British citizenship is not straightforward. Sometimes, adopted children are automatically British citizens from the date of their adoption - but not in all cases.

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Remarriage - missing decree

The petitioner (P) wanted to remarry but this proved anything but simple, having lost his decree absolute certificate. The court could neither locate it nor give P the date on which it was made. It appeared the files had been destroyed in what Mostyn J described as 'an extraordinary series of unfortunate mishaps'.

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Procedure - missing persons

The Guardianship (Missing Persons) Act 2017 is now in force in England and Wales as of 31 July 2019. The new law allows families to ask the High Court for guardianship of the affairs of a missing person if they have disappeared for at least 90 days.

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Adoption - inherent jurisdiction

The High Court has exercised its inherent jurisdiction and revoked an adoption order. The birth mother made an application to revoke an adoption order made in 2016 in relation to the child (D), who is now four years old. Following that order, the child was adopted by her paternal aunt and uncle (who had, it was stressed, only acted in good faith).

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Litigation friends - costs

There is no bar to a litigation friend of a child or other protected party being liable for costs, the High Court has ruled.

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Procedure – special guardianship

The Family Justice Council has published interim guidance on special guardianship in response to issues identified in Re P-S (Children) [2018] EWCA Civ 1407, including the issue of later identification of potential carers. 
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Financial remedies – non-matrimonial assets

There is a conflicting judicial approach to determining a fair award of non-matrimonial assets, as the author of this useful article explains. 
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Air space and ground below - common parts
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UKUT has held that leases of the airspace above and ground below a leasehold block of flats must be classed as common parts of the building and were able to be acquired. Read more...
Buyout obligation - not triggered until price determined
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The CA has reached a common-sense decision in relation to buying out an outgoing partner's share. The case involved a family-owned agricultural partnership agreement which provided that on retirement... Read more...
Client care letters - SRA guidance
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Eviction of squatters - what are the options?
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Trespass to land is where a person or persons enters onto or remains on land without the express or implied consent of the person with immediate right to possession, eg where a neighbour builds a... Read more...
Experts - joint statement
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CPR 35.12 provides for discussions between experts. These are not obligatory unless directed by the court, but such direction may be given at any stage of the proceedings. The object of the... Read more...
HMLR plans - defects
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HMLR PG40 contains various supplements detailing the requirements in relation to plans accompanying HMLR applications. Supplement 2 (guidance for preparing plans) has been updated to state that: Read more...
Letting agency - masquerading as membership club
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A London trading standards team recently prosecuted a director of a company for setting up what was described as a member's club, but which in reality was a lettings agency. The purpose of such was... Read more...
Philosophical belief - scope extended?
Monday, 16 September 2019
The Equality Act 2010 provides protection against discrimination based on nine characteristics, one of which is any religious or philosophical belief. Not all religions or beliefs are covered by the... Read more...
Pleadings - third party enquiries
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The CA has recently considered the scope of CPR r16.5 which prescribes that: Read more...

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