The Practical Lawyer


Procedure – FPR

Brexit-related regulations will soon be in force whatever shape the final Brexit takes, and family practitioners will need to pay close attention to procedural changes. 
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Civil partnership – guidance

How does a civil partnership affect the parties’ rights to different pensions? 
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Children – surrogacy

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 came into force on 3 January 2019.
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Children – fact finding

This is a distressing case in which both birth parents were found to carry a high measure of responsibility for serious parental failures. 
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Children – parental responsibility; removal of

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. 
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Financial remedies – judicial separation and divorce

An order made in judicial separation proceedings was not intended to cover any subsequent divorce. 
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Financial remedies – prenuptial agreements

This was a case in which the parties had entered into three separate prenuptial agreements before their 2000 marriage.
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Divorce – online system

Practitioners will note that a new pilot Family Procedure Rules 2010 Practice Direction has been issued by the FPR Committee and is now effective, covering the next stage of the online divorce system. 
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Financial remedies – sharing principle

What’s the correct approach to the sharing principle? This was the issue in W’s appeal where H cross-appealed against a financial remedy order. 
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Procedure – publication; care proceedings

In this case in the High Court, Sir James Munby ruled on an application for reporting restriction orders in care proceedings brought by the LA in relation to two children. 
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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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