The Practical Lawyer


Setting aside decree nisi – procedure

What is the procedure for seeking to get a decree nisi and decree absolute set aside where the respondent says he was never served and the petitioner misled the court in securing an order for service to be dispensed with?

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S91(14) – exceptional use

Section 91(14) Children Act 1989 provides that:

‘On disposing of any application for an order under this Act, the court may (whether or not it makes any other order in response to the application) order that no application for an order under this Act of any specific kind may be made with respect to the child concerned by any person named in the order without leave of the court.’
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Procedure – fact-finding hearing

In family proceedings, the court has a discretion whether to hear evidence in relation to disputed matters of fact with a view to determining them.

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Judicial guidance – parents

The Midland Region of Family Judges and Magistrates has issued guidelines for all parents thinking of asking for a court order. It provides practical advice and suggestions on how to deal with children when parents break-up.

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Bankruptcy – matrimonial home

The only asset in the husband’s bankruptcy was the matrimonial home. The trustee in bankruptcy sought a possession order against the husband, the wife, and the three children.

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Ancillary relief – criminal sanctions for seizing documents

What criminal sanctions might apply when a spouse secretly copies, seizes or attempts to access digital documents for use in ancillary relief proceedings? The unauthorised access to computer material is an offence under the Computer Misuse Act 1990. Under s1 of the Act a person is guilty of an offence if:

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Divorce proceedings – use of documents by solicitors

Chef Marco Pierre White sued his former wife’s solicitors, Withers, for either acquiescing in her interception of confidential documents belonging to him or for encouraging her by their advice to intercept or retain such documents.

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Internal relocation – shared residence order in place

Where there is a residence order in place, the courts will not, other than in exceptional circumstances, impose conditions, including one restricting the right of residence to a specific place, on the residence order where the primary carer is providing entirely appropriate care for the child. But what is the position where there is a shared residence order in place?

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Intercountry adoption – meaning of ‘home’ in s84(4)

An important decision of the Court of Appeal has addressed a major hurdle for prospective adopters living overseas – usually relatives of the child in question – in satisfying the requirement in s84 Adoption and Children Act 2002 of having lived with the child for at least ten weeks in the UK.

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Adoption – orders could not be set aside

The biological parents sought permission to apply to set aside the care, freeing for adoption and adoption orders made in the county court in relation to their three oldest children, known in the proceedings as A, B and C.

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PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
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The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
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Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
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A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
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A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...


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