The Practical Lawyer


Children – placements

What factors will the court take into account when considering placing a child with someone who is not their natural family? 
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Procedure – Brexit

At the time of writing, a Brexit deal has been agreed but has yet to be brought before Parliament for a vote. In the event of a ‘no deal’, how should family practitioners be preparing? 
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Financial remedies – prenuptial agreements

A prenuptial agreement made around 15 years before the parties separated was unfair. 
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Procedure – FPR amendments

Amendments to the FPR 2010 come into effect from 10 December 2018, together with supporting practice directions.
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Practice – court orders

To the consternation of many, family practitioners in London are now expected to bring their laptops to court and draft orders on the day. 
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Residency – EU settlement scheme pilot

Important information for applicants to the EU Settlement Scheme during an ongoing pilot scheme has been published. 
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Procedure – new orders

New standard deprivation of liberty orders have been issued by Mostyn J, following a ruling earlier this year.
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Financial remedies – prenuptial agreements

In this case, a wealthy husband insisted on a prenuptial agreement before his second marriage, having already been through a divorce. It was signed three weeks before the wedding.

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Children – restriction of liberty

When can the court exercise its inherent jurisdiction and restrict a child’s liberty under a secure accommodation order? A 15-year-old young person (YP) was the subject of a care order.

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Financial remedies – future inheritance

A significant expected inheritance was not a resource of W for the purposes of financial remedies on divorce, the Court of Appeal has held.

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Most-read articles

Disputed will – guidance; procedure
Wednesday, 13 February 2019
What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
MoJ – IT meltdown
Wednesday, 13 February 2019
Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
Statutory notices – service
Wednesday, 13 February 2019
The SC has widened the scope of the service of statutory notices. Read more...
Part 36 offers – appropriate
Wednesday, 13 February 2019
Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may... Read more...
Noise nuisance – liability?
Wednesday, 13 February 2019
A recent High Court decision has confirmed that L is not liable for nuisance caused by its T merely because L does not take steps available to prevent the cause of the nuisance, even when L knows... Read more...
RICS – service charges
Wednesday, 13 February 2019
We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
Wednesday, 13 February 2019
A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
Incompetence – not discrimination
Wednesday, 13 February 2019
The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
Wednesday, 13 February 2019
The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


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