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Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

The following Family news provides comprehensive and up to date legal information on Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

The following Family news provides comprehensive and up to date legal information on Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

The following Family news provides comprehensive and up to date legal information on Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

Third party debt order

Third party debt orderA third party debt order is a method of enforcement by which a creditor may enforce a debt against money owed to the debtor by a...

Property adjustment orders—procedural issues and drafting the order

Property adjustment orders—procedural issues and drafting the orderThis Practice Note provides practical guidance on procedural issues relating to an...

Interim orders in public children proceedings

Interim orders in public children proceedingsThis Practice Note sets out the requirements in relation to interim orders in public children proceedings...

Notice of acting

Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of...

Practice notes

The no order principle

The no order principleThis Practice Note explains the no order principle contained in section 1(5) of the Children Act 1989 (ChA 1989). It explains...

19th May

Practice notes

Restrictions on decree being made absolute—divorce

Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...

19th May

Practice notes

Capitalised maintenance—Duxbury calculations

Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...

19th May

Practice notes

Writ or warrant of possession of land

Writ or warrant of possession of landA writ (High Court) or warrant (Family Court) of possession of land can be used to give effect to an order that...

Produced in partnership with David Salter, deputy High Court judge and Recorder 19th May

Practice notes

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]

The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...

Produced in partnership with David Gallagher of Fieldfisher 19th May

Practice notes

Filing the divorce petition and supporting documents

Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...

19th May

Q&As

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with each other which is or was of significant duration. How is ‘significant duration’ defined and how long is considered significant?

‘Associated persons’ as defined in section 62(3) of Family Law Act 1996 includes people who have, or have had, an intimate personal relationship with...

19th May

Practice notes

Sears Tooth agreements

Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...

19th May

Practice notes

Defended divorce proceedings

Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...

19th May

Practice notes

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyers

The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...

19th May

Practice notes

Void and voidable marriages

Void and voidable marriagesThe Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars...

19th May

Q&As

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so, what evidence will the court require in order to approve the order?

Where an application has been made to extend the term of a non-molestation order, and a hearing listed, can the extension be agreed by consent? If so,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May

Practice notes

Freezing orders (Mareva)—family proceedings

Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...

Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May

Precedents

Standard order 2.1—financial remedy order—omnibus

In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...

19th May

Practice notes

Divorce centres [Archived]

Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...

19th May

Precedents

Letter to the Pension Service enclosing either or both Form BR19 and Form BR20 requesting a state pension statement or valuation

To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...

19th May

Most recent Practice and procedure content

Q&As

Can capacity assessments be undertaken remotely by video?

Can capacity assessments be undertaken remotely by video?The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for...

3rd Aug

COVID-19

Q&As

How should we proceed in relation to documents that can only be signed personally by the appointed deputy, where that is an individual who is self-isolating or working from home in accordance with government guidance?

How should we proceed in relation to documents that can only be signed personally by the appointed deputy, where that is an individual who is...

1st Aug

COVID-19

Q&As

Does the OPG have the power to make small changes to registered LPAs, for example where the donor's post code is incorrect, under a slip rule?

Does the OPG have the power to make small changes to registered LPAs, for example where the donor's post code is incorrect, under a slip rule?Rule 23...

1st Aug

Q&As

Does an application for a deputyship order have to be made within a certain time period of a COP3 (assessment of capacity form) having been completed?

Does an application for a deputyship order have to be made within a certain time period of a COP3 (assessment of capacity form) having been...

Produced in partnership with Kate Selway of Radcliffe Chambers 1st Aug

Q&As

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?

Can a financial affairs deputy act as a Rule 3A representative in a deprivation of liberty application in the Court of Protection?Deprivation of...

1st Aug

Q&As

How can the requirement to notify P personally of Court of Protection matters relating to them be substituted in circumstances where P is, for example, in a care home which is effectively ‘locked down’ due to the coronavirus (COVID-19) pandemic?

How can the requirement to notify P personally of Court of Protection matters relating to them be substituted in circumstances where P is, for...

1st Aug

COVID-19

Q&As

Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to issue proceedings, under the Inheritance (Provision for Family and Dependants) Act 1975?

Is a deputy required to apply to the Court of Protection for specific authority to enter into negotiations and settle a claim without the need to...

Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug

Q&As

Is there a restriction on how much a solicitor can charge a Court of Protection deputy in relation to the sale of a complex leasehold property?

Is there a restriction on how much a solicitor can charge a Court of Protection deputy in relation to the sale of a complex leasehold property?We...

1st Aug

Q&As

Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?

Can I submit an application for a statutory will to the Court of Protection, where P is not domiciled in the UK?The international jurisdiction of the...

1st Aug

Q&As

We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift. We need to serve the application and supporting evidence to all persons named in the application. Which of the application documents need to be sent to the people to be served?

We are dealing with an application to the Court of Protection for approval to all past and future care payments and retrospective approval of a gift....

1st Aug

Q&As

An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A relative of P has requested a copy of the Will and Will file as P's litigation friend (as the executors/deputies are not appropriate to act) but the certificate of suitability provided has not been approved by the court. In a probate action, when does a certificate of suitability provided need to be approved by the court?

An individual (P), who is a beneficiary of their deceased father's Will, lacks capacity and P's two deputies are also the executors of the estate. A...

1st Aug

Q&As

Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee is replaced under TA 1925, s 36(1)) apply to the replacement of a trustee of a discretionary trust who is also a potential beneficiary of the trust?

Does the restriction in section 36(9) of the Trustee Act 1925 (TA 1925) (requiring the Court of Protection’s approval before an incapacitated trustee...

Produced in partnership with Graham Stott of 3 Paper Buildings 1st Aug

Q&As

Where a contract does not require a recipient of a notice of rescission to sign or otherwise acknowledge the notice, is the notice (served in response to a failure to complete the sale of a property) still valid if it is served on someone who lacks capacity (and where there is no deputy or attorney appointed)?

Where a contract does not require a recipient of a notice of rescission to sign or otherwise acknowledge the notice, is the notice (served in response...

1st Aug

Q&As

I have a hearing coming up in the Court of Protection. Is it possible for this hearing to proceed as a telephone hearing?

I have a hearing coming up in the Court of Protection. Is it possible for this hearing to proceed as a telephone hearing?The Vice-President of the...

1st Aug

COVID-19

Q&As

Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an individual who lacks capacity, are the deputy's costs in the CoP proceedings recoverable from the contractor at the conclusion of the litigation in the civil court?

Where a deputy is authorised by the Court of Protection (CoP) to litigate in the civil court to recover damages against a third party on behalf of an...

Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug

Q&As

Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?

Is it possible to apply to the Court of Protection to have an Indian deputyship/guardianship order recognised in the UK?An application in accordance...

Produced in partnership with Graham Stott of gunnercooke LLP 1st Aug

Q&As

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required in order for the property to be sold? If the second co-owner has appointed a third party as their attorney and the second co-owner loses capacity, will this affect the ability to sell of the property? Would a deputyship order be appropriate in these circumstances?

Where a property is owned as beneficial joint tenants and the first co-owner has lost capacity, will an order from the Court of Protection be required...

1st Aug

Q&As

What is the procedure to register a deputyship/guardianship order made in a US court in the Court of Protection where the patient has UK situs assets?

What is the procedure to register a deputyship/guardianship order made in a US court in the Court of Protection where the patient has UK situs...

1st Aug

Q&As

Where the sister of ‘P’ wishes to apply to the Court of Protection for an order authorising the execution of a statutory Will on behalf of P, does the sister require permission to apply? P does not have a deputy.

Where the sister of ‘P’ wishes to apply to the Court of Protection for an order authorising the execution of a statutory Will on behalf of P, does the...

1st Aug

Q&As

Where a deputyship application is complex and the professional fees of the deputy’s solicitor exceed the fixed costs set out in the Court of Protection Practice Direction 19B, can the deputy agree to settle the bill out of P’s funds or is it necessary to apply for a detailed assessment of costs?

Where a deputyship application is complex and the professional fees of the deputy’s solicitor exceed the fixed costs set out in the Court of...

1st Aug

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Practice and procedure

View Family by content type:

Latest Family News

Request for transfer of jurisdiction in public law proceedings pursuant to Article 9 of the 1996 Hague Convention

Family monthly highlights—July 2021

Consultation response on increasing the NMPA—key aspects and implications for pension schemes

Court of Appeal upholds ruling that PPF compensation cap amounts to unlawful age discrimination (Secretary of State for Work and Pensions and Board of the PPF v Hughes)

Featured Family content

Third party debt order

Property adjustment orders—procedural issues and drafting the order

Interim orders in public children proceedings

Notice of acting

Most recent Practice and procedure content

Popular documents

European Insurance and Occupational Pensions Authority (EIOPA)

Sale of treasury shares

Contractual damages—non-pecuniary losses

EL/PL claims in the portal—a practical guide (Stage 1)

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