The Practical Lawyer


Ancillary relief – pension

Accountancy firm Smith and Williamson has advised family lawyers to base their calculations of final salary pension benefits on new rules published in the Occupational Pension Scheme Regulations 2008 (SI 2008/1979).

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Guidelines – orders restricting further applications

There are clear guidelines about when the court should impose a restriction under s91(14) of the Children Act 1989, that is, an order restricting further applications.

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Forced marriage – definition of ‘force’

The FMA 2007 came into force on 25 November 2008. The definition of force at s63A(6) is wide-ranging and includes coercion by threats and other psychological means.

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Section 8 orders – new application form

Applications for orders under the Children Act 1989 s8 should now be made on Form C100 – which replaces the C1 for such applications.

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Contact – non-compliance with order

A contact activity direction or contact activity condition may be enforced by an order for unpaid work by way of an enforcement order. The court must be satisfied that it is necessary to secure compliance with the contact order and that its likely effect is proportionate to the seriousness of the breach. The welfare of the child must be taken into account. Breach of an enforcement order must be proved beyond reasonable doubt.

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Practice Direction – residence and contact orders

The Practice Direction issued on 9 May 2008 (‘Residence and contact orders: domestic violence and harm’) is re-issued to reflect the decision of the House of Lords in Re B (Children) [2008] UKHL 35, in which Baroness Hale confirmed (at [76]) that a fact-finding hearing is part of the process of trying a case and is not a separate exercise, and that where the case is then adjourned for further hearing it remains part heard.

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Post-nuptial agreements – enforceable

This interesting case concerns an American couple married for 10 years, with five children of that marriage, who lived on the Isle of Man. They signed their pre-nuptial agreement on the day of their wedding.

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Financial dispute resolution – court cannot revisit dispute

Rule 2.61E of the Family Proceedings Rules provides that:

‘(2) The district judge or judge hearing the [financial dispute resolution] appointment must have no further involvement with the application, other than to conduct any further [such] appointment or to make a consent order or a further directions order’.
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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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Page 82 of 84

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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...
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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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It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
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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
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There are four categories of public rights of way: Read more...
Financial remedies – company assets
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A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
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GDPR impacts on the giving of references:


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