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 82 of 85

Most-read articles

Constructive trusts – property
Wednesday, 12 September 2018
The author gives a helpful analysis of a ruling following a claim to establish a constructive trust or proprietary estoppel in respect of a domestic property. The deceased died intestate while living... Read more...
Professional negligence – adjudication
Wednesday, 12 September 2018
The Professional Negligence Adjudication Scheme is run by the Professional Negligence Bar Association. It offers a voluntary ADR procedure, modelled on the adjudication system in construction... Read more...
Waste – L’s liability
Wednesday, 12 September 2018
Ls should be aware of the environmental enforcement obligations that may be incurred as a result of T’s activities. Read more...
Part 36 – late acceptance
Wednesday, 12 September 2018
If a Part 36 offer is accepted out of time (ie outside the 21 day period) in a low value protocol case, then what are the costs consequences? In particular, does late acceptance mean a liability to... Read more...
HMOs – new rules
Wednesday, 12 September 2018
The definition of house in multiple occupation (HMO) changes on 1 October 2018. The new definition covers properties occupied by five or more people, comprising two or more separate households. Read more...
Energy efficiency – reassessment by T?
Wednesday, 12 September 2018
The Energy Efficiency (MEES) Regs mean it is no longer possible to grant new leases to properties with an EPC of F or G. Moreover, existing lettings of F and G properties will become unlawful from... Read more...
Knotweed – nuisance
Wednesday, 12 September 2018
Last year, we had county court claims in Cardiff and Truro in which it was held that the encroachment of Japanese knotweed would be actionable as a ‘private nuisance’. The Cardiff cases have now... Read more...
Procedure – expert witnesses
Wednesday, 12 September 2018
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. Read more...
Self-employed – or worker?
Wednesday, 12 September 2018
The Pimlico Plumbers case was seen as a victory for workers in the gig economy, with the Supreme Court looking at the reality of the relationship (rather than the legal labels attached). So, what... Read more...
Offences – mens rea
Wednesday, 12 September 2018
This was a pre-trial appeal of a ruling at a preparatory hearing. The two appellants (A) faced charges under s17 Terrorism Act 2000 of sending money overseas, or arranging to do so, knowing or having... Read more...

Resources

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