The Practical Lawyer


Children – Hague Convention

A mother blatantly instigated an entirely premeditated and flagrant abduction of the children from the United States, and was ordered to return them.

Subscribers only...

Children – guardians

A Law Society practice note gives useful guidance for practitioners appointed by the court to represent children in proceedings in the case of delays between the order appointing a children’s guardian in specified proceedings, and the allocation of a children’s guardian. The guidance is aimed at all solicitors representing children in public family law proceedings.

Subscribers only...

Abduction – return order

M sought the return of her two very young children from Madagascar where they were living with F after he wrongfully removed them from the UK. The children are UK citizens and have UK passports and are entitled to Madagascan citizenship. F is a UK and Madagascan citizen and was living in the UK when the parties married in 2012, and M is an Indian citizen who came to the UK on a student visa in 2011.

Subscribers only...

Financial remedies – settlements

W made her acceptance of the terms of a financial settlement conditional on H having made full and frank disclosure of all his assets at the time, the Court of Appeal has ruled. H’s failure to provide full and frank disclosure meant the settlement could be reopened.

Subscribers only...

Children – surrogacy

The difficulties that can particularly arise where same-sex couples choose to become parents are illustrated in a recent case. The background to this case is somewhat complex. Two men in a civil partnership had twins born in 2013 to a surrogate. A is the biological father, and he and B wanted another child using the gametes of the woman who donated the eggs for the twins’ conception.

Subscribers only...

Procedure – serious case reviews

New guidance on judicial co-operation with serious case reviews (SCR), applicable to judges sitting in the Family Division or the Family Court, has been issued by the President of the Family Division. SCRs may, for instance, follow the death of a child where the local authority has had contact with the child.

Subscribers only...

Procedure – TOLATA

The Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) is not the preserve of the Chancery Court by any means, with trust law often arising in the family law context in a number of situations, including:

Subscribers only...

Adoption order – fairness of procedure

An LA’s decision to place a child for adoption was quashed by the High Court because of procedural unfairness. By way of background, M applied for judicial review in relation to the fairness of the LA’s decision to place her daughter, aged six, for adoption on the grounds of procedural unfairness.

Subscribers only...

Procedure – enforcement

In this case, F failed to make monthly payments to M following an order made in Poland. M believed that F was living and working in the UK, and applied for enforcement of the order under EU Council Regulation 4/2009. However, attempts to trace F had been unfruitful and he had not yet been served with an order to attend court.

Subscribers only...

Page 10 of 84

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:


IAG International
MSI Global Alliance
Join the IBA now!
In House Lawyer