Practice and procedure

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Practice notes
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...
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19th May
Practice notes
Restrictions on decree being made absolute—divorceWhen considering an application for decree nisi to be made absolute the district judge must have...
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19th May
Practice notes
Capitalised maintenance—Duxbury calculationsThe basis of Duxbury calculationsA Duxbury calculation is an actuarial calculation designed to identify...
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19th May
Practice notes
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...
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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The Pensions Ombudsman—key decisions and cases up to 2017 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained. It looks at...
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Produced in partnership with David Gallagher of Fieldfisher 19th May
Practice notes
Filing the divorce petition and supporting documentsThis Practice Note explains what documents must be filed with the petition when commencing...
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19th May
Practice notes
Sears Tooth agreementsThe Family Procedure Rules 2010, SI 2010/2955, 1.1 sets out the overriding objective, including that dealing with a case justly...
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19th May
Practice notes
Defended divorce proceedingsCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division, regarding all...
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19th May
Practice notes
The Solicitors Regulation Authority (SRA) regime 2019 for family lawyersFrom 25 November 2019, the Solicitors Regulation Authority (SRA) Standards and...
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19th May
Practice notes
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...
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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,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 19th May
Practice notes
Freezing orders (Mareva)—family proceedingsA freezing order (formerly termed a Mareva injunction or order) is an interim injunction restraining a...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 19th May
Precedents
In the Family CourtSitting at [court name]No: [case number][The Matrimonial Causes Act 1973ORThe Civil Partnership Act 2004ORThe Child Support Act...
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19th May
Practice notes
Divorce centres [Archived]ARCHIVED: This archived Practice Note provides information following the creation of divorce centres and the centralised...
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19th May
Precedents
To: Newcastle Pension Centre, Futures GroupThe Pension Service 9Mail Handling Site AWolverhamptonWV98 1LUUKDate: [insert date]Dear Pension ServiceOur...
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19th May

Most recent Practice and procedure content

Q&As
Can capacity assessments be undertaken remotely by video?The Vice-President of the Court of Protection, Mr Justice Hayden, has issued guidance for...
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3rd Aug
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?Rule 23...
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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...
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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?Deprivation of...
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1st Aug
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...
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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?We...
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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?The international jurisdiction of the...
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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...
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Produced in partnership with Graham Stott of 3 Paper Buildings 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?The Vice-President of the...
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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?An application in accordance...
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Produced in partnership with Graham Stott of gunnercooke LLP 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...
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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...
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1st Aug

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