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Practice and procedure

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Latest Family News

The Court of Appeal provides guidance in respect of judges meeting ‘P’, in Court of Protection proceedings (Re AH)

The Court of Appeal provides guidance in respect of judges meeting ‘P’, in Court of Protection proceedings (Re AH)

The following Family news provides comprehensive and up to date legal information on The Court of Appeal provides guidance in respect of judges meeting ‘P’, in Court of Protection proceedings (Re AH)

Declaratory relief for placement orders where the Adoption Agency Regulations 2005 were breached (Somerset County Council v NHS Somerset Clinical Commissioning Group and another)

Declaratory relief for placement orders where the Adoption Agency Regulations 2005 were breached (Somerset County Council v NHS Somerset Clinical Commissioning Group and another)

Declaratory relief for placement orders where the Adoption Agency Regulations 2005 were breached (Somerset County Council v NHS Somerset Clinical Commissioning Group and another)

Family monthly highlights—November 2021

Family monthly highlights—November 2021

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

Treating clinicians must consider whether continuing to sustain life is in the patient’s best interests (North West London Clinical Commissioning Group v GU)

Treating clinicians must consider whether continuing to sustain life is in the patient’s best interests (North West London Clinical Commissioning Group v GU)

The following Family news provides comprehensive and up to date legal information on Treating clinicians must consider whether continuing to sustain life is in the patient’s best interests (North West London Clinical Commissioning Group v GU)

Featured Family content

Notice of acting

Notice of acting

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

Void and voidable marriages

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...

The duty of disclosure in financial proceedings

The duty of disclosure in financial proceedings

The duty of disclosure in financial proceedingsThis Practice Note provides guidance on the ongoing duty of full and frank disclosure in financial...

Permission to apply for a section 8 order

Permission to apply for a section 8 order

Permission to apply for a section 8 orderCoronavirus (COVID-19): Guidance has been issued, including by the President of the Family Division,...

Practice notes

Client care—family law

Client care—family lawClient care is about providing a proper standard of service to clients. This Practice Note sets out the Solicitors Regulation...
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16th Nov
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...
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16th Nov
Practice notes

Restriction on further applications under the Children Act 1989—section 91(14) orders

Restriction on further applications under the Children Act 1989—section 91(14) ordersRestriction on further applicationsSection 91(14) of the Children...
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16th Nov
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,...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov
Practice notes

Change of solicitor in family proceedings

Change of solicitor in family proceedingsThis Practice Note considers when a solicitor will be on the court record as acting for a party and the...
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16th Nov
Practice notes

Statements of truth in family proceedings

Statements of truth in family proceedingsDocuments that must be verified by a statement of truth in family proceedingsThe provisions regarding...
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16th Nov
Q&As

What is the procedure for an application under the Family Law Act 1996 for a transfer of tenancy between a married couple?

What is the procedure for an application under the Family Law Act 1996 for a transfer of tenancy between a married couple?Under Schedule 7, Part II,...
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16th Nov
Q&As

Where an application is made under Part IV of the Family Law Act 1996 and the respondent’s whereabouts are unknown, can an application be made to the court for disclosure of the respondent’s address by a government department under Family Procedure Rules 2010, PD 6C ? If not, what is the appropriate procedure when the respondent’s address is unknown?

Where an application is made under Part IV of the Family Law Act 1996 and the respondent’s whereabouts are unknown, can an application be made to the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov
Practice notes

Functions which may be carried out by a justices’ legal adviser

Functions which may be carried out by a justices’ legal adviserThis Practice Note sets out the functions of the Family Court, or a judge of the Family...
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16th Nov
Practice notes

Financial clean break orders in family proceedings

Financial clean break orders in family proceedingsDuty of the court to consider a clean breakAlthough there is no presumption in favour of there being...
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16th Nov
Q&As

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for a financial order, and should such a schedule be included in the bundle?

Is permission required from the court to file a schedule of deficiencies for the financial dispute resolution appointment (FDR) on an application for...
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Produced in partnership with Nicholas Starks of St Ives Chambers 16th Nov
Practice notes

Staying proceedings under the Domicile and Matrimonial Proceedings Act 1973

Staying proceedings under the Domicile and Matrimonial Proceedings Act 197331 December 2020 marked the end of the Brexit transition/implementation...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 16th Nov
Practice notes

Staying proceedings under the inherent jurisdiction

Staying proceedings under the inherent jurisdiction31 December 2020 marked the end of the Brexit transition/implementation period entered into...
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Produced in partnership with David Salter of Deputy High Court judge and Recorder 16th Nov
Practice notes

1996 Hague Convention—general principles

1996 Hague Convention—general principlesThis Practice Note deals with matters relating to jurisdiction, applicable law, transfers between contracting...
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16th Nov
Q&As

What is the procedure to withdraw an application for a financial order after the first appointment has taken place, and what are the costs consequences of doing so?

What is the procedure to withdraw an application for a financial order after the first appointment has taken place, and what are the costs...
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Produced in partnership with Nicholas Starks of St Ives Chambers 16th Nov
Q&As

How can a spouse protect their interest in the matrimonial home by way of an entry on the title register where the registered proprietors for the property are the other spouse and members of their extended family? What action may be taken in relation to HM Land Registry if an application for a home rights notice or unilateral notice has been incorrectly rejected? How else may a spouse’s position be protected?

How can a spouse protect their interest in the matrimonial home by way of an entry on the title register where the registered proprietors for the...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 16th Nov

Popular documents

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and duties

ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?

Negligence—when is the duty of care breached?Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and