The following Family Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Legal professional privilege is a concept that protects certain classes of documents from inspection by the other party to the case. Legal advice privilege applies to documents giving advice whether or not litigation is contemplated. Litigation privilege relates to documents coming into existence where litigation is extant or is contemplated or pending. Both fall within the umbrella of legal advice privilege. An attendance note of a hearing will ordinarily fall within litigation privilege and therefore is not required to be provided to the other party.
It may be that the request to provide a copy of the attendance note of the hearing is made in contemplation of an appeal by the respondent. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, at FPR 2010, PD 30A, set out what must be included in
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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
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but does not order any action by a party. A court may issue it alone or in conjunction with some other relief such as an injunction and can be granted on an
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