The following Family practice note provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Notes: Brexit and family law, What does IP completion day mean for family law? and Brexit—jurisdiction and family proceedings.
The Family Court came into effect on 22 April 2014. As a consequence there were significant changes to the allocation and transfer of proceedings, see Practice Notes: The Family Court—allocation and transfer of proceedings and The Family Court—judicial allocation. The then President of the Family Division, Sir James Munby, issued guidance on 28 February 2018 regarding the allocation of cases within the Family Court to a judge of High Court level, and the transfer of cases from the Family Court to the High Court, following what he refers to as ‘considerable confusion’ concerning the extent and exercise of the power by judges sitting in the Family Court to transfer a case, or part of a case, to the High Court. See News Analysis: President issues guidance on allocation and transfer of
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This Practice Note considers the meaning and use of conditions precedent in commercial arrangements. It also considers typical conditions precedent and drafting issues.What are conditions precedent?A condition precedent in a commercial contract details an event which must take place before:•a
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
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
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