The following Family practice note provides comprehensive and up to date legal information covering:
This Practice Note is impacted by the exit of the UK from the EU on 31 January 2020. This has implications for practitioners, inter alia, when considering which courts have jurisdiction to determine a dispute. For guidance, see Practice Note: Brexit and family law. This Practice Note sets out the current position on the allocation and transfer of proceedings.
The single Family Court came into effect on the 22 April 2014. As a consequence, there were significant changes to the allocation and transfer of proceedings. In addition, Subsequently, HM Courts and Tribunals Service (HMCTS) established a network of 11 centralised divorce centres within England and Wales to handle the issue of divorce petitions and financial remedy applications—see Practice Note: Divorce centres.
In January 2018, the then President of the Family Division, Sir James Munby, issued his 18th View from the President’s Chambers and announced the launch of the Financial Remedies Court pilots and the proposed structure and geography of the Financial Remedies Court, see News Analysis: President issues 18th View as to Financial Remedy Court pilots and standard orders. Subsequently a national lead judge and deputy lead judge have been appointed and guidance was issued in November 2019 as to the Financial Remedies Court zones and the appointment of a lead judge for each zone. Specific considerations apply as to an application in the Financial Remedies Court
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Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
This Practice Note is an archive of news from the Loan Market Association (LMA) on LMA documentation and related topics. It covers LMA updates from early 2013 to January 2016. For the latest LMA developments since January 2016, see Practice Note: Loan Market Association (LMA)—latest news on
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
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