The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
The first step for the father is carefully to consider the wording of the non-molestation order against him. A non-molestation order is granted under section 42 of the Family Law Act 1996 (FLA 1996) and will contain provisions prohibiting a person from molesting another person. Often a non-molestation order will prohibit the respondent from threatening and harassing the applicant. The order may also contain more specific provisions which would be relevant to the father’s conduct at handover. For further guidance, see Practice Note: Non-molestation orders.
The mother may argue that the conduct of the father in recording her at handovers, when she has clearly objected, is a form of molestation. The term ‘molestation’ is
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Millett LJ subdivided types of constructive trust into two categories, distinguishing between:•the constructive trust proper, where equity intervenes to prevent the legal owner from unconscionably denying the beneficial interest of another (known as the institutional constructive trust)•the
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
Company directors are not, by virtue only of their office as director, automatically entitled under company law to remuneration for services as a director or to reimbursement of expenses incurred in rendering such services. Power to pay directors remuneration for their services will need to be
This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
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