The Practical Lawyer


Jurisdiction – children; passports

The High Court postponed the renewal of two children’s passports by their father until M had the opportunity to apply to the Australian court. In this case, the children had been living with their father (F) in Australia. He had abducted the children 12 years previously.

Subscribers only...

Financial remedies – maintenance, needs and fairness

In this useful article, the author considers the issue of ‘fairness’ in relation to maintenance and variations of maintenance. The article is written particularly in light of the recent Court of Appeal ruling in Mills v Mills (unpublished at the time of writing) in which Mr Mills was ordered to increase his monthly maintenance payments to Mrs Mills even though they divorced more than 15 years ago.

Subscribers only...

Procedure – Cafcass

A local practice direction issued by the Family Court reflects the increasingly stretched resources of Cafcass. This PD, produced in consultation with judges at the CFC and the Family Division Liaison Judge, is to apply until further notice, as follows:

Subscribers only...

Public law – immunisations

A local authority successfully applied under the inherent jurisdiction for a declaration that it was in a child’s best interests to receive two immunisations (the Haemophilus influenzae type b (Hib) vaccine and the pneumococcal conjugate vaccine (PCV)).

Subscribers only...

Procedure – jurisdiction

The English court was uniquely placed in a recent case, and it was right and proper that exclusive jurisdiction vests in London under Brussels I. In this case, the family spent most of their marriage in Poland, having acquired properties in France and London. The London house was in the joint names of H and W. When the marriage broke down, H started proceedings in Poland and sought a 90/10 division of assets in his favour.

Subscribers only...

Procedure – anonymity

The Court of Appeal has refused an application for anonymity in financial remedies proceedings. H and W were involved in the proceedings following a consent order dating back to 2005 – with numerous court applications including applications by W to extend the term of periodical payments to be paid to her by H.

Subscribers only...

Children – public law

The Family Court has criticised a local authority for ‘unwarranted expenditure’ in proceedings where the LA breached Article 8 rights under the ECHR by taking a baby into care. The baby had been removed at just one week old while still in hospital and, following an interim care order, he was placed into the care of his paternal grandparents.

Subscribers only...

Financial remedies – disclosure

A civil partner successfully appealed a decision refusing to set aside a consent order made in financial remedy proceedings after the civil partnership was dissolved. The appellant (A) applied to have it set aside on the basis that her former civil partner (who had since died) was guilty of material non-disclosure during financial remedies proceedings.

Subscribers only...

Marriage – validity

The Court of Appeal has applied the ‘presumption of marriage’ to a Syrian couple’s relationship, meaning their marriage was entitled to full recognition in England.

Subscribers only...

Financial provision – jurisdiction

In this case, M sought to enforce through the English court a financial order for provision for her children which was made in the German court. M and the children were still living in Germany, while H had moved to the UK. However, he refused to pay her maintenance under the terms of the German order claiming she was obstructing contact with the children.

Subscribers only...

Page 10 of 82

Most-read articles

Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
Friday, 13 April 2018
The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...


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