The Practical Lawyer


Children – medical treatment

A declaration was granted allowing the treatment of a severely disabled baby to be limited to palliative care as this was in his best interests. The parents wanted to continue further, alternative treatment.

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Children – appeal of fact finding

Two young brothers were at the centre of bitter s8 Children Act proceedings. The background is complex and lengthy (with the judge’s summary distilled from a 52-page chronology of events created by M’s lawyers).

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Children – care proceedings

What’s the interplay between the family court, and other courts, agencies and public authorities in care proceedings?

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Divorce – pension

Divorce practitioners should note a recent Court of Appeal ruling that the transfer of a pension fund by W, who was already divorced, was liable to inheritance tax.

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Financial remedies – Hadkinson order

A Hadkinson order is a draconian case management measure, only to be used as a last resort where a litigant is in wilful contempt.

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Children – safeguarding guidance

Updated safeguarding guidance, to be read in conjunction with relevant statutory guidance, has been issued by the government.

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Children – jurisdiction

M is a Brazilian national and had wrongfully removed her son from Spain to the UK. F is a Spanish national and sought the child’s return to Spain.

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Financial remedies – variation of orders

F applied for an order varying a financial order by discharge, because the son now lives with him in Canada. M made an application to enforce the existing order.

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Procedure – legal bloggers and reporters

A new pilot FPR 2010 Practice Direction 36J came into force on 1 October 2018 under which so-called ‘legal bloggers’ and other external court reporters are allowed into family proceedings in the Family Court and the Family Division of the High Court.

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Children – cross-examination

A complainant in family proceedings not being offered the same protection as a complainant in a criminal trial is ‘manifestly irrational and unfair’, the High Court has ruled.

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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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