The Practical Lawyer


Domestic violence – banking

A new guide launched in February offers banking support for victims of domestic violence. It explains how victims can open new independent accounts with a letter from a refuge manager confirming their circumstances, as opposed to the usual multiple proofs of identification which may be in the possession of, or access-controlled by, the abuser.

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Local authority – no duty of care to parents

Do local authorities or individuals employed by them owe a duty of care to parents when investigating and/or taking steps in protection of their children whom they consider to be at risk of parental abuse?

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FDR judge – case management

The Financial Dispute Resolution judge’s duty is of ‘active case management’ under the FPR. Cases over the last few years reveal how this has applied in practice.

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Ancillary proceedings – third parties

The explosion in ancillary relief hearings involving the interests of third parties in putative matrimonial property is for two reasons. Firstly, the ageing population and escalating property prices; secondly the increase in divorces among ethnic minorities where concepts of property ownership are more fluid.

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Civil partnerships – property

To date, there are no reported decisions as to how courts will treat partners in a civil partnership in respect of relationship breakdown and financial provision. Is it safe to infer that the existing case law can adequately deal with this new area?

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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:


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