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:
The procedural provisions relating to applications for a decree of divorce are contained within Part 7 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The application is started by issuing of Form D8. FPR 2010, PD 7A sets out detailed provisions as to the content of the application. FPR 2010, SI 2010/2955, 7.8 provides that the application must be served on the respondent, accompanied by a form for acknowledging service, a notice of proceedings, and where applicable, a copy of the statement of arrangements for children.
Within seven days of receipt of the application, the respondent must file an acknowledgment of service (FPR 2010, SI 2010/2955, 7.12(1)). Among other things, the acknowledgment of service must indicate whether or not the respondent intends to defend the case (FPR 2010, SI 2010/2955, 7.12(3)(c)). Where a respondent wishes to defend the case, an answer must be served within 21 days beginning with the date by which the acknowledgment of s
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
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
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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