The Practical Lawyer


Procedure – jurisdiction

This is an invaluable case analysis of what the author calls a ‘surprising’ judgment of the CJEU on lis pendens. 
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Financial remedies – jurisdiction

Under the terms of a 2015 divorce in Egypt, H made financial provision for W including an agreement that she could remain in their London flat with their son. 
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Children – contact

An order for indirect contact only was made prematurely. F appealed a decision refusing him direct contact with his son (R) who was born in 2006. 
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Financial provision – property adjustment order

W was refused her application for a property adjustment order (PAO) because H had no beneficial interest in the former matrimonial home.
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Child abduction – Hague Convention

F failed in his application for an order requiring his daughter’s return to Spain under the Hague Convention despite the fact M had abducted her and brought her to England. 
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Procedure – no-deal Brexit guidance

Practitioners should note important guidance jointly produced by the Law Society and Resolution ahead of what appears to be an increasingly likely no-deal Brexit.
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Procedure – expert evidence

Was an expert psychotherapist instructed under Part 25 or was it a treating therapist only?
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Children – safeguarding

Important guidance for local authorities has been updated relating to the reporting of serious child safeguarding incidents to the Child Safeguarding Practice Review Panel. 
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Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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