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Practice notes
Sequestration is a process for dealing with a contempt of court that would be otherwise punishable by a committal under which the assets of the...
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Produced in partnership with David Salter, deputy High Court judge and Recorder 12th Jan
Practice notes
Online divorceWhere a divorce is proceeding via the online service note that while rules relating to divorce proceedings are generally to be found in...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
Applications for judicial separation are relatively rare in practice. It may arise where the client has strong religious and or cultural reasons for...
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9th Nov
Practice notes
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the...
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9th Nov
Practice notes
The basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify the capital sum required to meet a periodical...
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
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9th Nov
Practice notes
A void marriage is one that will be treated by the court as never having taken place. The grounds on which a marriage will be void are set out in...
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9th Nov
Practice notes
Online divorceOn 6 May 2018 the Ministry of Justice (MoJ) launched its online divorce service nationwide for the public acting as litigants in person....
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9th Nov
Practice notes
Coronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all proceedings in the Family Court in...
Read More >
9th Nov
Practice notes
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners when considering an...
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9th Nov
Practice notes
The distinction between an amended petition, a supplemental petition and a further petitionWhere it is necessary in some way to amend a petition...
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9th Nov
Precedents
In the Family Court sitting at [location][Case No]Between1[insert name] ApplicantAnd2[ insert name] RespondentStatement of issues for the First...
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9th Nov
Practice notes
A decree of nullity granted after 31 July 1971 in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and...
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9th Nov
Practice notes
This Practice Note sets out the general principles to be applied by the court when considering whether to make a lump sum order within financial...
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9th Nov
Practice notes
The procedure for an application for a declaration of parentage is governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt...
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9th Nov

Most recent Costs content

Practice notes
General principlesThe relevant costs provisions are set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 28 and FPR 2010, PD 28A....
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Produced in partnership with David Salter 17th Jan
Practice notes
A Calderbank offer is a settlement offer marked ‘without prejudice save as to costs’. Whether a Calderbank offer is admissible, and what weight will...
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17th Jan
Practice notes
General principlesIn children proceedings the general rule that costs will follow the event does not apply. Express statutory provision is made in the...
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17th Jan
Practice notes
Misconduct and wasted costs ordersA wasted costs order is an order:•that a legal representative pay a sum (either specified or to be assessed) in...
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Produced in partnership with David Salter 17th Jan
Practice notes
The provisions for security for costs in Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 20.6 provide that a respondent to any application may...
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Produced in partnership with David Salter 17th Jan
Practice notes
This Practice Note provides guidance on the assessment of costs in family proceedings, including summary assessment and detailed assessment. It looks...
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Produced in partnership with David Salter of Mills & Reeve 17th Jan
Practice notes
Failure to advise on legal aid eligibility may amount to negligence, even where a firm does not carry out legal aid work, and a client’s potential...
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Produced in partnership with David Salter 8th Jan
Q&As
The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 disapply the costs provisions under CPR 44 which provide for the starting point on costs to...
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Produced in partnership with Katherine Illsley of 4 King’s Bench Walk 8th Jan
Q&As
It is ordinarily the case in family proceedings (save for certain excluded types of application) that each party bears their own costs. While the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
In family proceedings, it is often the case that each party pays their own costs of litigation and it is only usually where a party has acted...
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Produced in partnership with Tori Adams of 4 King’s Bench Walk 8th Jan
Practice notes
General provisionsThe court may make, at any time, such order as to costs as it thinks just.By virtue of the Family Procedure Rules 2010 (FPR 2010),...
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Produced in partnership with David Salter 8th Jan
Q&As
The costs regime in the Children Act 1989 cases disapplies the ordinary principle contained within the Civil Procedure Rules 1998 (CPR), SI 1998/3132...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
The only general provision in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 relating to withdrawal appears in FPR 2010, SI 2010/2955, 29.4,...
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Produced in partnership with Nicholas Starks of St Ives Chambers 8th Jan
Practice notes
This Practice Note explains the principles applied in relation to costs in children proceedings (private and public) and the limited circumstances in...
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28th Nov
Q&As
On an uncontested application for a matrimonial order, the applicant may apply for their costs. Respondents may not wish to challenge the application...
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28th Nov
Q&As
CostsFamily Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20(3), provides that in divorce proceedings:'If the applicant has applied for costs, the...
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28th Nov
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 28.1 provides as a general rule that ‘The court may at any time make such order as to costs as...
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28th Nov

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