The Practical Lawyer


Procedure – expert witnesses

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.

Subscribers only...

Procedure – LIPs; cross-examination

This case was a fact-finding hearing in wardship proceedings involving an LIP who sought to cross-examine M.

Subscribers only...

Children – accommodation

What are the limits of the LA’s powers and duties to provide accommodation for children in need under s20 CA? The Supreme Court has ruled that accommodating children under s20 requires real and voluntary delegation of parental responsibility.

Subscribers only...

Financial remedies – maintenance

The judge was entitled not to vary an order for periodical payments so as to require H to pay W’s entire rental costs. The parties divorced in 2002 after a 15-year marriage. Under the terms of the consent order, W received a £230,000 lump sum and H would pay her annual periodical payments of £13,200.

Subscribers only...

Procedure – standard family orders

In March 2018, the President of the Family Division circulated the second batch of Standard Family Orders (the first batch was issued with his guidance of 30 November 2017). The three further orders are to be added to the compendium of Standard Family Orders.

Subscribers only...

Procedure – financial remedies court pilot

The Birmingham-centred West Midlands pilot of the Financial Remedies Court has been successful, and the President of the Family Division has now announced a further phase of the pilot (in modified form).

Subscribers only...

Procedure – children; arbitration

Important practice guidance has been issued by the President. Practice Guidance: Children Arbitration in the Family Court concerns the interface between the Family Court, and arbitrations conducted under the Arbitration Act 1996 where the parties to a post-relationship breakdown private law dispute relating to the welfare of a child or children where either or both having parental responsibility, or are otherwise concerned, have agreed to submit the issues in dispute to an arbitrator for a binding decision.

Subscribers only...

Procedure – consent orders

Practitioners should note that Pilot Practice Direction 36I supplementing FPR Part 36 r36.2 is now in force as of 6 August 2018. The PD governs a pilot scheme for the procedure for online filing of certain applications for consent orders for a financial remedy.

Subscribers only...

Disclosure – anonymity

The applicant’s general application for disclosure was refused, but he was permitted specific limited access to a limited number of documents regarding his family history.

Subscribers only...

Maintenance Protocol – change of habitual residence

A child maintenance claim under the Maintenance Protocol, which included a retroactive claim, was made by a child whose parents are German nationals.

Subscribers only...

Page 6 of 90

Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...


IAG International
Join the IBA now!
MSI Global Alliance
In House Lawyer