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Procedure – divorce

H applied for an order disbarring W’s solicitor from acting for her in ongoing divorce proceedings. He also sought the costs of the application on an indemnity basis. H had objected that W’s solicitor was privy to confidential, privileged information and therefore there was a conflict when it came to acting for W.

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Children – child maintenance

Family practitioners will welcome two briefing notes on the 2012 statutory child maintenance scheme. There are five different methods of calculating the amount of child maintenance payable, with the rate applied depending on the non-resident parent’s gross weekly income, whether they claim certain welfare benefits, and the circumstances of the non-resident parent.

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Marriage – fraud

The President of the Family Division has found that 20 divorce petitions and one petition for dissolution of a civil partnership, dated between 2006 and 2015, were fraudulent. An application to the High Court was made by the Queen’s Proctor on the basis that there was deception in each of the 21 petitions. Only some of them had reached decree.

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Children – care proceedings

M unsuccessfully applied for permission to appeal an order that her child (N) should continue to live with F. The order also limited M’s contact to indirect contact by sending cards, letters, and a small gift once every three weeks via the local authority social worker. Under the trial judge’s order, W was also barred from making any applications for child arrangement orders in respect of N without the leave of the court for a period of three years, except if M applied for a psychological assessment of herself.

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Evidence – Trimega warning

Family practitioners who have or had clients involved in family case where hair strand testing for drug and alcohol use was provided by Trimega Laboratories between 2010 and 2014 should note important advice from the Ministry of Justice. The advice is for all those concerned about potentially unreliable forensic toxicology tests.

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Financial remedies – spousal maintenance

This updated note on universal credit (UC) and its impact on spousal maintenance will be invaluable to practitioners advising clients in receipt of UC and other benefits. The guidance recites the background to the UC and links to what the author believes is the most recent roll-out guide to it.

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Children – foster care; vicarious liability

The LA had no non-delegable duty to ensure the reasonable care of fostered children. The Supreme Court has ruled that the LA was liable for the abuse perpetrated by the foster parents of the appellant (A).

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Financial remedies – indemnities

The court has power to order a party to make the mortgage repayments and other household outgoings, and to indemnify the other party against liability.

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Financial remedies – variation of undertakings

In this useful article, the author comments on a Supreme Court ruling on the court’s powers to vary undertakings, and its guidance on varying family orders. W applied to vary undertakings found in the consent order, including to discharge mortgage payments on a property, indemnify H, and to use her best endeavours to release him from the covenants under the mortgage.

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Procedure – hair strand testing

Important guidance for hair strand testing for cocaine has been given in a recent ruling in care proceedings involving an eight-month-old girl. In this case, M’s use of cocaine was the key factual dispute. M admitted that she had used cocaine previously, but was adamant she had not used it during the last two years.

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To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
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Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
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Rights of way – public
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There are four categories of public rights of way: Read more...
Financial remedies – company assets
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GDPR – references
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GDPR impacts on the giving of references: Read more...

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