The Practical Lawyer


Financial remedies – committal

H was in contempt of court for failing to pay the money due to W under a financial remedies order (appropriate sanction to follow).
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Financial remedies – court misled

Grant of leave to apply for financial relief, which had been given to W, was set aside on H’s application as the court had been misled. The ruling from the High Court is the latest in a ‘blizzard of litigation’ involving a wealthy Russian couple who had lived in Russia for the whole of the marriage.
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Children – relocation

M lived with the children (who were three and four years old) in England and F had regular contact with them. Communication between the parents was not good.
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Divorce – deceit

This was an unusual case where H brought a claim against W for the tort of deceit, accusing her of ‘paternity fraud’. It was struck out as an abuse of the court’s process or likely to obstruct the just disposal of proceedings.
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Sanctions – vexatious litigant

In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from harassment order under the Protection from Harassment Act 1997 restraining R from harassing A and her lawyers, and the children. 
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Procedure – committal proceedings

An order committing M to prison was overturned by the CA as she had not been legally represented.
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Capacity – mental health

 It is our role as solicitors to ensure clients are capable of understanding legal proceedings and the advice they are given so they can give us instructions. In this article, the author raises important issues in relation to mental health and capacity issues in the context of family law.
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Procedure – reporting

New guidance for the reporting of cases by journalists in the family courts has been issued by the President of the Family Division following a consultation period. The purpose is to assist the court, the parties and the media when a reporter at court wants to apply to vary reporting restrictions in a case.
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Legal aid – children; immigration

Children’s lawyers should note a new Order now in force which...
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Procedure – children

New practice guidance is available in relation to children’s placements in unregistered children’s homes. Practice Guidance: Placements in unregistered children’s homes in England or unregistered care home services in Wales, issued by the President of the Family Division, explains the registration and regulatory framework in England in view of a significant increase in applications for a residential placement.
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Most-read articles

Civil partnerships – heterosexual couples
Tuesday, 10 December 2019
The Civil Partnership (Opposite-sex Couples) Regulations 2019 are in force as of 2 December 2019 and permit heterosexual couples to enter into civil partnerships. Read more...
VAT reverse charge – postponed
Tuesday, 10 December 2019
 A useful article analyses the potential implications of the reverse charge on VAT, which was due to be introduced for specified construction services in October 2019 but which has now been... Read more...
Electronic communications – practitioners beware
Tuesday, 10 December 2019
 A useful article by Hardwicke Chambers reminds practitioners of the risks of a hasty or ill thought out email or social media post. The writer cites a situation where an email from a solicitor to... Read more...
Jurisdictional challenges – the basics
Tuesday, 10 December 2019
An article considers a recent SC case in which litigants have been criticised for the way in which jurisdictional challenges are being conducted. The case concerned a group of some 1,800 Zambian... Read more...
LiPs – tips for dealing
Tuesday, 10 December 2019
Litigants in person (LiPs) are on the increase due in part to legal aid cuts and an increase in the small claims limit. Maintaining the balance of treating LiPs fairly, while also acting in the best... Read more...
‘Elevation’ – front and rear of building
Tuesday, 10 December 2019
 A 99-year lease contained a covenant prohibiting T from making any alterations to the elevation or external decoration of the property. Read more...
L changing locks – an act of surrender?
Tuesday, 10 December 2019
There are various ways in which a leasehold estate in land may come to an end. One of these is surrender by operation of law. Sometimes the surrender of a lease does not take place by deed but is... Read more...
Beneficial ownership – reminder of key points
Tuesday, 10 December 2019
Practitioners who advise co-owners on the acquisition of property will find a recent article reviewing the case law on beneficial ownership very useful. The key points are: Read more...
Sanctions – vexatious litigant
Tuesday, 10 December 2019
In long-running divorce and financial remedy proceedings, R was found to be an ‘exceptionally vexatious litigant’ throughout. Mostyn J made a general civil restraint order and a protection from... Read more...
Disciplinary process – external bodies
Tuesday, 10 December 2019
 A useful article considers two recent cases on the issues that can arise for employers carrying out a disciplinary procedure when an external body becomes involved eg a regulatory body, police, a... Read more...


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