This Practice Note details the jurisdiction and procedure regarding applications under section 37 of the Matrimonial Causes Act 1973 (MCA 1973) to restrain future dealings of financial assets in family proceedings where the applicant believes that a party may take steps to frustrate their financial claim.
This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks at assessment on the standard basis and the indemnity basis in private proceedings, publicly funded costs, the authority to assess and when, and the procedure to deal with points of dispute and default costs certificates.
This Practice Note provides guidance on the rules regarding costs in family proceedings, the application of the Family Procedure Rules 2010 (FPR 2010) and the Civil Procedure Rules 1998 (CPR 1998), and factors taken into account by the court in determining costs including conduct and offers of settlement. It also considers costs on divorce or dissolution, the types of costs orders that may be made by the court, costs in relation to litigants in person and costs orders against non-parties.
This Practice Note provides a summary of the rules in relation to costs in proceedings for a financial remedy within divorce or civil partnership proceedings that are subject to the Family Procedure Rules 2010 (FPR 2010) or in financial proceedings that are subject to the Civil Procedure Rules 1998 (CPR 1998).
This Practice Note deals with the circumstances in which an application may be made under the Presumption of Death Act 2013 that a missing person has died, or has not been known to be alive for a period of at least seven years. Such a declaration is effective against all persons and for all purposes, including for the purposes of the acquisition of an interest in any property, and the ending of a marriage or civil partnership to which the missing person is a party. The provisions of the Guardianship (Missing Persons) Act 2017 are also considered.
This Practice Note sets out the procedure and approach to obtaining a disclosure or inspection order regarding a non-party to family proceedings under the provisions of the Family Procedure Rules 2010 (FPR 2010), including case law examples. It also details other procedures whereby a disclosure order may be made, and the implications of a claim of public interest immunity.
This Practice Note details the provisions in relation to an application for a freezing order to restrain dealings with assets which are the subject of a financial claim in family proceedings including requirements, procedure and relevant case law.
This Practice Note explains the implications of a costs order being made against a legally aided party. It covers limitations on such a costs order, when a legally aided party’s costs protection will come to an end, and the limited range of legal aid to which costs protection applies. It also details when a costs order may be made against the Lord Chancellor.
This Practice Note explains the provisions for security for costs in the Family Procedure Rules 2010 (FPR 2010). It covers the procedure and the courts’ powers to make an order for security for costs and the conditions that have to be met. It considers the amount of security and the situation where a legally aided client is required to give security for costs.
This Practice Note explains wasted costs orders in family proceedings including the relevant test applied by the courts and the required procedural steps. It also considers improper, unreasonable or negligent conduct and the effect misconduct can have on costs.
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