The family court transparency pilots now encompass public and private law cases in the magistrates’ court across all 19 pilot areas. From 4 November 2024, accredited media may now report on such proceedings, subject to strict conditions on anonymity. Magistrates will make transparency orders limiting what can be reported. Practitioners should also note that the …
Continue reading “Transparency scheme pilots – magistrates court”
This case involved a family, two farms and promises made to one of the sons that he would inherit a farm. His parents (both now deceased) bought both farms during their marriage and owned them in equal shares. After agricultural college, RA worked with his parents in their farming business, overseeing operations at one of …
Continue reading “Proprietary estoppel – new will unconscionable”
On 30 October 2024 the SRA released its AML Annual Report 2023-24 and it should be required reading for all SRA regulated firms. In the last year the SRA has submitted 23 suspicious activity reports, performed 237 proactive inspections and 258 desk-based reviews, and brought enforcement action against a combined total of 78 firms and …
In a fact-finding hearing in care proceedings involving three children, the trial judge correctly placed M within the pool of perpetrators of injuries that had been inflicted on the youngest child. She had been unable to decide on balance whether M or her partner had inflicted the injuries. Both of them were found to have …
Continue reading “Children – pool of perpetrators; lies”
Conveyancing firms will not be surprised to read that the most risks revealed by the SRA AML report (above) relate to property work. The SRA states: ‘The area where we continue to see the most risks relating to money laundering is conveyancing. 73% of the SARs we submitted to the National Crime Agency during the …
In these private children proceedings, the court made a s8 order in an exceptional case: the child (C) was 17 years old. He had cerebral palsy and experienced associated physical and communication limitations. M was his main carer but was ‘wholly negative’ about F. At times, C expressed a clear wish to see F but …
Continue reading “Children – older child’s wishes and feelings”
Property practitioners will be aware of the furore created by the Law Society’s proposed update of the Property Information Form to the 5th edition. This update incorporates the material information requirements which estate agents are supposed to have been advertising since November 2023. The Law Society told CQS firms that using the updated form would …
Continue reading “TA6 changes – delayed again”
An expert report obtained after a final hearing was not reliable or procedurally acceptable and was not permitted as fresh evidence on appeal. Care and placement orders were made in respect of a baby girl (T) whose parents had histories of alcohol problems. F also had criminal convictions. Two older children were living with grandparents …
Continue reading “Care proceedings – fresh evidence”
Note that from 2 December 2024 HMLR is changing its address. This might not seem that significant as most firms will use the portal but remember that HMLR will require original deeds to be sent to it for first registrations from 1 October 2024 (see our November edition (p8)). So, the HMLR postal address will …
Continue reading “HMLR – address change”
Where a child is removed from a jurisdiction by one parent with the other’s consent, proceedings under the Hague Convention will likely fail. The question in this case was whether F had in fact consented to M removing the children to the UK from the US. The parties had five children. The youngest born was …
Continue reading “Child abduction – Hague Convention; consent”