The Practical Lawyer


Wasted costs order – courts’ approach

’A wasted costs application is a punitive remedy to enable a litigant to recover costs not otherwise recoverable caused by a solicitor’s improper conduct.’ This is Sumner J’s definition in a recent appeal against a wasted costs order made against a firm.

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Placement – three stages

There are three necessary stages in the statutory placement of a child: (i) it has to be considered whether adoption is in the best interests of the child; if it is, the local authority has to apply for a placement order; (ii) once a placement order is granted, it is the responsibility of the adoption panel to consider whether the adopter is approved; (iii) if so, it has to be decided whether the child is matched to the adopter.

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Expert in children case – referral

Where, in a children case, a professional, eg a child psychiatrist not treating the child, is asked, for the purposes of the proceedings, to make an assessment of him and he advises that the child should obtain psychiatric or other treatment which he is not currently obtaining, r10.20A(3) of the Family Proceedings Rules 1991 entitles a party to send that sort of report to the appropriate local resource in order to obtain treatment for that child.

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Adoption – president’s Guidance

The president of the Family Division’s Guidance, Listing Final Hearings in Adoption Cases, clarifies the legal requirements and practical arrangements for final hearings in adoption applications.

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Official Solicitor – regulations

The Family Procedure (Adoption) (Amendment) Rules 2008 amend rule 55(1)(a) (power of court to make an order appointing the Official Solicitor as litigation friend) to clarify that such an order may be made only if the Official Solicitor consents.


Forced marriage – regulations

The Family Proceedings (Amendment) Rules 2008 (SI 2008/2446) amend the regs so as to update service of the application for a forced marriage protection order, transfer of proceedings and orders for disclosure against a person not a party.


Forced marriage – Practice Direction

The Family Proceedings (Allocation to Judiciary) (Amendment) Directions 2008 come into force on 25 November 2008 and apply to forced marriage cases. They amend the Schedule to the Family Proceedings (Allocation to Judiciary) Directions 1999.


Non-accidental injury – parents win damages

A baby had been removed from the care of her parents under an interim care order after she suffered a serious and unexplained fracture. The medical evidence at the time was that the injury had not been accidental.

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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.

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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:

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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...


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