The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note sets out the basic principles to be applied when drafting a financial consent order including the preparation and structure of the draft order, together with details of the financial remedy omnibus issued as part of the standard orders project. It includes guidance on undertakings, provisions as to periodical payments and pensions and drafting an order where there are issues as to potential insolvency. It also sets out the steps to take to lodge the consent order at court.
Standard financial orders have been issued as part of the standard orders project, see Practice Note: Standard orders—general principles and Precedent: Standard order 2.1—financial remedy order—omnibus for a precedent consent order. The use of the standard orders has been strongly encouraged by the President of the Family Division, see News Analysis: Financial and enforcement standard orders to be placed on a more ‘formal footing’.
From 6 April 2020, provision is made in the Family Procedure Rules 2010 (FPR 2010) by FPR 2010, PD 41B (Proceedings by electronic means: procedure for an application for a consent order for a financial remedy in connection with divorce proceedings) as to the procedure by which, in the circumstances provided for in the Practice Direction, an application for a consent order for a financial remedy in connection with certain proceedings for a matrimonial order may proceed by electronic means—see Practice
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What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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
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
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