The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out key news and guidance in relation to the coronavirus (COVID-19) relevant to family proceedings. It also deals with issues that may arise in family proceedings, such as requests for adjournments and extensions of time, video conferencing, telephone hearings and cases in which there may be particular considerations, for example, where there is a change in financial circumstances, an increased risk of domestic abuse or contact difficulties where a party is self-isolating, ill or vulnerable due to other health issues, see: Issues that may arise in practice.
In accordance with the existing Her Majesty’s Courts and Tribunals Service (HMCTS) digitisation programme, most proceedings will be issued by post or online. In addition, many hearings now take place remotely and guidance has been issued for the Family Court in this regard, see: President of the Family Division’s National Guidance for the Family Court and President’s guidance—The Family Court and COVID-19: The Road Ahead. A network of priority courts will remain open during the coronavirus pandemic for essential face-to-face hearings that cannot be heard by video or telephone and which cannot be delayed, see: HMCTS: Courts and tribunals tracker list during coronavirus outbreak and the Law Society has issued a ‘Nightingale courts’ interactive map here. The President of the Family Division, Sir Andrew McFarlane, has agreed a summary of family business priorities with
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This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be claimed.Claims for use and occupationA claim for use and occupation is possible where there is occupation of land without an express agreement fixing the
Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been introduced, which affect the following:•proceedings for possession•forfeiture of business leases on the grounds of non-payment of rent•a landlord's right to
BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies,
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose significant limitations on the ability for a creditor to seek a winding-up order against a company. For further reading, see Practice Note: Corporate
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