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Latest Family News

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

The following Family news provides comprehensive and up to date legal information on Court of Appeal denies journalist’s request for extensive access to court papers (Newman v Southampton City Council)

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Powers available to local authorities to facilitate applications for settled status for looked after children in the absence of parental co-operation (W and Re Z (EU Settled Status for Looked After Children))

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

Court of Appeal provides step-by-step guidance on determining whether a European regulation forms part of UK domestic law and sets out how to analyse the impact of the EU-UK Trade and Cooperation Agreement and the European Union (Future Relationship) Act 2020 (Lipton v BA City Flyer Ltd)

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

The following Family news provides comprehensive and up to date legal information on The test to discharge a special guardianship order (Re M (special guardianship order—leave to apply to discharge))

Featured Family content

Private children—paramountcy of the child's welfare

Private children—paramountcy of the child's welfare

The paramountcy principleWhen any court determines any question with respect to:•the upbringing of the child, or•the administration of the child's...

Pension attachment orders

Pension attachment orders

The power to make pension attachment orders (previously referred to as earmarking orders) arises from the insertion of sections 25B–25D of the...

The no order principle

The no order principle

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

Sequestration (confiscation of assets) within contempt proceedings

Sequestration (confiscation of assets) within contempt proceedings

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...

Practice notes

Decree absolute—divorce

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

Application to vary, extend or discharge a non-molestation or occupation order

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
tag iconCOVID-19
Practice notes

Grounds for judicial separation

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

Drafting the terms of a financial consent order

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

Capitalised maintenance—Duxbury calculations

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

Emergency prohibited steps and child arrangements orders

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

The grounds on which a marriage is void

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

Undefended divorce proceedings

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

Void and voidable marriages

The Matrimonial Causes Act 1973 (MCA 1973) sets out the grounds on which a marriage is void or voidable and the bars preventing the grant of a decree...
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9th Nov
Practice notes

Working with counsel

Instructing counsel to advocate on a client’s behalf should be a matter of careful thought and preparation. The role of counsel is to provide...
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Produced in partnership with Ursula Rice of Family First Solicitors Ltd 12th Jan
Practice notes

Statements of truth in family proceedings

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

Amended, supplemental and further petitions

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

Specimen statement of issues for a first appointment—financial remedy application

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

The grounds on which a marriage is voidable

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

General principles—lump sum orders

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

Declarations of parentage—procedure

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 Practice and procedure content

Practice notes

Comparison of Court of Protection Rules 2017 and Court of Protection Rules 2007

The Court of Protection Rules 2017 (COPR 2017), SI 2017/1035 were laid before Parliament on 30 October 2017 and came into force on 1 December 2017....
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9th Apr
Practice notes

Summary of changes in Court of Protection Practice Directions, Rules and Forms from 1 July 2015 [Archived]

New Practice Directions and, in some cases, replacements to the Court of Protection Rules 2007 have been made with effect from 1 July 2015. As a...
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9th Apr
Practice notes

Making an application to the Court of Protection

Applications to the Court of Protection (the court) are governed by the Court of Protection Rules 2017 (COPR 2017) and the Court of Protection...
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9th Apr
Practice notes

Court of Protection—permission to apply

For certain applications to the Court of Protection (the court), the applicant used to have to obtain permission to apply before they could commence...
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9th Apr
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)?

The service of a notice to terminate a property sale contract on a mentally-incapacitated person (P) who does not have an attorney or deputy appointed...
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6th Apr
Q&As

Is it possible to amend a deputyship order that provides for costs to be fixed to be costs assessed instead?

Under the Court of Protection Rules 2017 (COPR 2017), SI 2017/1035, r 19.5(3), the Court of Protection has the power to order that a party may recover...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Q&As

Is a deputy for an individual without testamentary capacity, who is of uncertain domicile, able to create a statutory Will, per Practice Directions 9E and 9F?

Under section 18(1)(i) of the Mental Capacity Act 2005 (MCA 2005), the Court of Protection may authorise the execution of a Will for P, which, under...
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Produced in partnership with Graham Stott of gunnercooke LLP 15th Mar
Practice notes

Instructing psychiatrists in the Court of Protection

Note that this Practice Note does not address specific practice alterations caused by the coronavirus (COVID-19) pandemic. These are addressed in...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
Practice notes

Costs and expenses in the Court of Protection

There are court fees and disbursements which will be payable by all applicants on making a new application to the court. In addition, fees are payable...
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15th Mar
Practice notes

Court of Protection—service of documents

The rules governing the service of documents in the Court of Protection are set out in Part 6 of the Court of Protection Rules 2017 (COPR 2017) and...
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15th Mar
Practice notes

Litigation friends and Rule 1.2 representatives in the Court of Protection

This Practice Note considers when a litigation friend or an accredited legal representative (ALR) or other representative (known collectively as Rule...
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15th Mar
Practice notes

Court of Protection—allocation of proceedings

The Court of Protection Rules 2017 (COPR 2017) have the overriding objective of enabling the court to deal with a case justly and at proportionate...
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15th Mar
Practice notes

Court of Protection—notification

Once the application form has been issued, the next step is for copies to be served and to notify the person who lacks capacity (P) and other...
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15th Mar
Practice notes

Court of Protection—reconsideration and appeals

IntroductionThis Practice Note sets out when decisions made by the Court of Protection can be reconsidered; how they can be appealed, and the basis...
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Produced in partnership with Alex Ruck Keene of 39 Essex Chambers 15th Mar
Practice notes

Court of Protection—short form applications under Practice Direction 9D

Practice Direction 9D—Application by currently appointed deputies, attorneys and donees in relation to P’s property and affairs (PD 9D), made under...
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Produced in partnership with Thomson Snell & Passmore 5th Mar
Precedents

Letter to GP to complete COP3 in connection with statutory Will application

Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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14th Feb
Precedents

Letter to GP to complete COP3 in connection with deputyship application

Dear Dr [insert name of GP]Re: [insert name of patient]We are instructed on behalf of [insert name of proposed deputy] and understand that the above...
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14th Feb
Q&As

In a breach of contract claim in which the claimant has a professional deputy acting for them, can you recover the professional deputy's fees from the defendant if the claimant is successful in the underlying claim, and if so, are the professional deputy's fees included in the claim as costs or damages?

We have assumed that this question involves the professional deputy acting as a litigation friend for the claimant. The question is whether the...
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5th Feb
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?

A deputy’s general authority in respect of P’s property and affairs should extend to investigating any claim and entering negotiations as the Court of...
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Produced in partnership with Graham Stott of gunnercooke LLP 5th Feb
Q&As

Is there any guidance as to what professional fees may be charged by a solicitor acting on behalf of a lay deputy in relation to obtaining a court order?

Practice Direction 19B (PD 19B) of the Court of Protection Rules 2017, SI 2017/1035, deals with fixed costs that can be claimed by solicitors acting...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Feb

Popular documents

LEXISNEXIS

Written basis of plea and Newton hearings

When defendants are guilty, they have a choice to plead guilty or to put the prosecution to proof. When they plead guilty they may benefit from a reduction in their sentence as a result, see Practice Note: Credit for guilty plea. However, the Sentencing Council's overarching guidelines on reduction

LEXISNEXIS

Rescission of a contract

What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of

LEXISNEXIS

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For

LEXISNEXIS

Money laundering offences—tipping off and prejudicing an investigation

Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.