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Procedure – evidence requirements; domestic violence gateway

A Law Society practice note, Changes to the evidence requirements for legal aid funding in Private Law Family cases (domestic violence gateway), has been produced.

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Procedure – interim orders for sale

While recent decisions demonstrate the power of the family court to order the interim sale of a property, how that power can be exercised remains in dispute, says the author of this useful article.

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Procedure – UKVI

A protocol on Communicating with UK visas and immigration (UKVI) in family proceedings, enabling the Family Division of the High Court of Justice and the Family Court to communicate with UKVI, has been published.

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Financial orders – pre-marital agreement

The judge had not made an error of law, or erred in the exercise of his discretion in making an award which W was not satisfied with.

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Divorce – contempt of court

H’s disregard of court orders was motivated by resentment, the Court of Appeal found. The CA rejected H’s appeal against a decision sentencing him to 14 months in prison for contempt of court.

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Divorce – financial need

Divorce practitioners should note that the Family Justice Council has published its second edition of Guidance on ‘Financial Needs’ on Divorce.

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Procedure – referrals to child contact centres

The President of the Family Division has endorsed a revised protocol for referrals of families to child contact centres by judges and magistrates.

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Procedure – child maintenance

Updated forms (and guidance) in relation to child maintenance decisions have been published by the Official Solicitor and Public Trustee’s Office.

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Cafcass – independent reviewing officers

Cafcass has published an updated Practice Note: Cafcass and the Work of Independent Reviewing Officers
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Procedure – parents with learning disability

Formal guidance has also been issued by the President in relation to family proceedings where a parent has a learning disability. 
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Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
Expert witnesses must comply with court rules and related guidance appropriate to their area of expertise. New guidance for paediatric expert witnesses in family proceedings has now been issued. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

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