The Practical Lawyer

Home
About
CPD
Subscribe
Contact
Family

Collaborative agreements – fast track process approved

The President of the Family Division has given his approval to a fast track process being used by couples who achieve collaborative agreements. This follows Mr Justice Coleridge’s judgement in S v P (unreported at present) in which he said that the application for approval in that case could be dealt with through the urgent, ‘without notice’ applications list, rather than going through the lengthier process of lodging a consent order through the Principal Registry and waiting for it to be approved and sent back.

Subscribers only...
 

Children and Young Persons Act 2008 – local authority duties extended

The Children and Young Persons Act 2008 received Royal Assent on 13 November 2008. Key changes brought about by the Act include:

Subscribers only...
 

Forced marriage – relevant third parties

A relevant third party is someone who can make an application on behalf of a victim of forced marriage without first requiring the permission of the court. The government has indicated that provisions enabling local authorities to act as relevant third parties should be in force within 12 months.

Subscribers only...
 

Same-sex couples – legal parents of child

The Human Fertilisation and Embryology Act 2008, which received Royal Assent in November 2008, includes provisions to recognise same-sex couples as legal parents of children conceived through the use of donated sperm, eggs or embryos. This recognises, for example, the civil partner of a woman who carries a child via IVF as the child’s legal parent.

Subscribers only...
 

Enforcement of contact orders – disclosure to National Probation Service

A Practice Direction provides that where a magistrates’ court is considering an application for an enforcement order or for an order following an alleged breach of an enforcement order or makes an enforcement order and asks a CAFCASS officer to provide information to the court or to report to court, then the CAFCASS officer will need to discuss aspects of the court case with an officer of the National Probation Service.

Subscribers only...
 

Enforcement of contact orders – family proceedings courts

A Practice Direction, which comes into force on 8th December 2008, governs applications to enforce contact orders made in the magistrates’ courts and is intended to ensure that they are considered by family proceedings courts. The Practice Direction applies in respect of applications for:

Subscribers only...
 

Contact – new regulations in force

New regulations, which came into force on 8 December 2008, enable financial assistance to be paid in respect of an individual ordered or directed to undertake an activity that promotes contact with a child.

Subscribers only...
 

Contact – contact activity directions and conditions

Part 1 of the Children and Adoption Act 2006 came into force on 8 December 2008, setting out new powers of the court to make contact activity directions and contact activity conditions, together with new provisions for the enforcement of contact orders.

Subscribers only...
 

Judicial review – LA decision not to apply for care order

In Nottinghamshire CC v P [1993] 2 FLR 134 it was held that the LA’s decision not to issue care proceedings in respect of a child at risk of significant harm may be judicially reviewable.

Subscribers only...
 

Care proceedings – further assessment when children previously removed

The parents in care proceedings concerning their baby had had their three older children previously removed from their care. The case is interesting because, despite this history, the judge allowed residential assessments to ascertain whether the parents had changed sufficiently to remain as carers for the baby.

Subscribers only...
 


Page 81 of 84

Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
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...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
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...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

Resources

IAG International
MSI Global Alliance
Join the IBA now!
www.totallylegal.com
In House Lawyer