The following Family Q&A Produced in partnership with Tori Adams of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
It is usually the case in court proceedings that both parties will be present in court, however there is guidance in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 3A and FPR 2010, PD 3AA as to participation of vulnerable persons in proceedings and giving evidence.
FPR 2010, SI 2010/2955, 3A.4 provides that the court must consider whether a party’s participation in proceedings is likely to be diminished by reason of vulnerability. If it considers that it is, the court will consider the views expressed by the party who is vulnerable and can potentially give participation directions. There are a number of circumstances the court must have regard to when deciding whether to make participation directions, including whether the party suffers from a mental or physical disorder. Further guidance is given under FPR 2010, PD 3AA, including that the court should consider the ability of the party or witness to attend the hearing without significant distress.
If a court does decide to give participation directions, measures can be taken as set out in FPR 2010, SI 2010/2955, 3A.8, ie to:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
ContractWhere a contract is made by two or more parties it may contain a promise or obligation made by two or more of those parties. Any such promise may be:•joint•several, or•joint and severalWhether an undertaking is joint, several, or joint and several in contract is a question of construction
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.