The following Family Q&A Produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:
Whether there is a presumption in favour of a birth parent was considered within the context of private law proceedings by the Court of Appeal in Re E-R (Child Arrangements Order). The background to the case was that the subject child lived with her mother who was terminally ill. At first instance, the court had provided for the child to live with the father upon the death of the mother, rather than under a special guardianship order with the friends of the mother who had been caring for the child and mother during the latter’s illness. As can be seen at para 35 of the judgment, the court rejected the concept of a presumption in favour of a birth parent:
‘In the same way that the fact that a person is a natural parent does not in itself create a presumption in favour of that person in the proceedings, neither does…the fact that a child has been living with a party for a significant period of time; each are factors of significance which will be taken into account and given appropriate weight by a court when determining the best interests of a child Whether any suc
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What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
What is quia timet relief?Injunctions are generally awarded where a party has already suffered a wrong. For guidance on injunctions generally, see Practice Note: Injunctions—guiding principles. However, an injunction may be sought before a party's rights have been infringed on the basis that they
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
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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