The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note provides guidance on the ability of the courts to make capital orders under Schedule 1 to the Children Act 1989 (ChA 1989), including who may apply, the orders that may be made (including lump sum orders and the transfer or settlement of property) and the matters to which the court will have regard. It also details the relevant case law and examples of orders that the courts have made.
In addition to periodical payments orders, the court may also make capital orders under ChA 1989, Sch 1. Such orders are most commonly made in relation to the children of cohabitants or former cohabitants. Spouses, former spouses, civil partners and former civil partners have the wider remedies available under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004). However, even where a former spouses or civil partner has compromised their own claims under MCA 1973 or CPA 2004, but not those of a child or children, an application under Sch 1 may potentially be made, as an adult compromise cannot oust the court’s jurisdiction to protect a child's financial situation.
With effect from 22 April 2014 the shortened financial remedy procedure applies to applications under Sch 1 in accordance with Chapter 5 of Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 9, (SI 2010/2955, 9.18–9.21A), however further
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This Practice Note deals with the relationships arising between principals, agents and third parties with whom the agent deals on the principal’s behalf. It considers the principal’s liability for its agent, agent’s authority including remedies for breach of authority, fraud and misrepresentation,
Elements 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 tendency to•and is intended to
This Practice Note examines:•why negative pledge clauses are used in commercial transactions •the consequences of breaching negative pledge provisions•how negative pledges are viewed in the context of security and quasi-security, and•key considerations when drafting a negative pledge clauseWhere
What is a reserved judgment?A reserved judgment is a draft judgment that is circulated by the judge. At the end of the hearing the judge will usually state that judgment is being reserved. This is common practice in the High Court. The draft judgment will be provided to the parties’ legal
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