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Procedure – adoption; final hearings

The President of the Family Division has given guidance clarifying the legal requirements and practical arrangements for final hearings in adoption applications, and adoption visits.
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Divorce procedure – defective petitions and decrees

Divorce petitions issued in breach of s3 MCA 1973 are null and void, and any decree nisi or decree absolute purportedly granted by the court as a result is therefore null and void. 
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Declaration – presumption of death

The court was satisfied that a missing person had not been known to be alive for at least seven years, and a declaration of presumed death was granted under the Presumption of Death Act 2013.
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Child maintenance – enforcement abroad

Family practitioners will find useful a recent House of Commons briefing paper on child maintenance where a non-resident (NR) partner/person with care lives abroad.

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Procedure – REMO countries

Reciprocal enforcement of maintenance orders (REMO) is vital where child maintenance orders need to be enforced in both EU and non-EU countries.

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Adoption – new regulations

 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018.

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Care orders – human rights

The key issue for the court to consider when identifying and determining whether a child who is the subject of care or interim care orders is deprived of their liberty is whether the child is being confined.

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Separation – equity in property

An estranged couple agreed between them that H would pay half of the mortgage repayments on W’s property. Despite his failure to do so, W later had the property transferred into both their names – and H then became bankrupt.

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Civil partnerships – status abroad

The legal status of an English civil partnership is not recognised in a number of countries, warns the author of this article who states that ‘civil partners have no different status in law to cohabitants in those countries’ – placing them in real difficulty.

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Child abduction – jurisdiction

M’s application to set aside an order to return the children from Poland to England was refused – even though the children had lived in Poland for the previous 15 months and M had successfully defended proceedings under the Hague Convention.

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Constructive trusts – property
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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...
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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...
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Part 36 – late acceptance
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HMOs – new rules
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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
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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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