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GLOSSARY
The Family Procedure (Amendment) Rules 2018, SI 2018/440 amended FPR 2010 with effect from 4 June 2018, primarily introducing new provisions as to ‘fast-track’ and ‘standard’ procedures in relation to applications for a financial remedy. The ‘fast-track’ provisions are expanded to cover a wider range of applications, including where the application relates, inter alia, to an application for a periodical payments order only under Matrimonial Causes Act 1973 (MCA 1973), Civil Partnership Act 2004 (CPA 2004) or Schedule 1 to the Children Act 1989 (ChA 1989). Prior to 4 June 2018, the accelerated/shortened procedure applied more widely to an application for the variation of an order for a financial remedy, while the fast-track procedure is now limited to an application for variation of an order for periodical payments only (with exceptions). The procedure for what was previously referred to as the shortened or accelerated procedure, and is now the ‘fast-track’ procedure, is also partially amended. The changes apply only to proceedings issued on or after 4 June 2018.
PRACTICE NOTES
The ‘fast-track procedure’ means the procedure set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 9.18–9.21A. It has previously been known as the accelerated or shortened procedure. The ‘standard procedure’ means the procedure set out in FPR 2010, SI 2010/2955, 9.12–9.17). The ‘fast-track’ provisions cover a range of applications, including where the application relates to an application for a periodical payments order only under the Matrimonial Causes Act 1973 (MCA 1973), Civil Partnership Act 2004 (CPA 2004) or Schedule 1 to the Children Act 1989 (ChA 1989). The fast-track procedure has previously applied to all applications under ChA 1989, Sch 1; this ceased with effect from 4 June 2018 for applications issued on or after that date. The fast-track procedure should not be confused with the accelerated first appointment procedure set out in the Financial remedies guide (March 2026), which is a separate scheme. See further, Practice Note: Accelerated first appointment procedure—financial remedy proceedings and Precedent: Standard order 1.3—consent order under the accelerated first appointment procedure. It is also distinct from the
PRACTICE NOTES
This Practice Note explains the purpose and scope of Fatal Accident Inquiries (FAIs) in Scotland. For information about equivalent inquiries in England and Wales into unexpected deaths, known as coroners’ inquests, see Practice Note: The purpose and scope of coroners' inquests. Reporting of deaths and the Scottish Fatalities Investigations Unit When a person dies in Scotland, they cannot be buried or cremated until a medical certificate giving the cause of death has been issued. This certificate, called the Medical Certificate of the Cause of Death (MCCD or Form 11), must be completed by a doctor, and must show the time, date, place and cause of death, including any conditions directly leading to the death and any antecedent conditions. Certain deaths must be reported to the Procurator Fiscal. A ‘reportable death’ is one that cannot entirely be attributed to natural causes or one that may be due in whole or in part to natural causes but that occurs in particular circumstances. Those circumstances are: • where
GLOSSARY
A hearing before a Sheriff into the circumstances of a death in Scotland.
GLOSSARY
An injury to a person that causes death to occur.
NEWS
HM Revenue & Customs has reported that a father and son based in Newcastle have been jailed for their part in a tobacco crime gang that smuggled more than five million illegal cigarettes into the North East. Kevin McDonough Snr, aged 61, and Kevin McDonough Jnr, aged 39, were responsible for the delivery and sale of tobacco products worth more than £1.6m in unpaid duty. Charles McFadyen, aged 76, also played a leading role in the crime gang, using his home to store tobacco, and as a point of sale for customers.
GLOSSARY
Islamic legal opinion. In the context of Islamic finance transactions, a fatwa issued by the Shari’ah Board Islamic financial institution (IFI) arranging a transaction in relation to the Shari’ah compliance of the transaction will often be a condition precedent to financial close.
GLOSSARY
The analysis of an event in a top-down manner. The event is analysed by breaking it down at each successive stage to identify what equipment and operator actions, if failed, would lead to the postulated outcome. The fault tree starts with the top event, as defined within the event tree analysis, and at each stage identifies combinations of precursor event(s) using logical operators such as AND / OR.
GLOSSARY
Fault divorce describes a form of divorce where one spouse must prove the other’s “fault” – such as adultery, unreasonable behaviour, desertion or other matrimonial offence – to obtain a decree or order for divorce. It contrasts with “no‑fault” divorce, where irretrievable breakdown is established without attributing blame.Across the UK and Ireland, the concept is rooted in legislation rather than being a free‑standing legal term. In England and Wales, and in Scotland, the Divorce, Dissolution and Separation Act 2020 has effectively removed fault‑based grounds, replacing them with a single ground of irretrievable breakdown established by a statement, so “fault divorce” is now largely of historic or comparative relevance only.In Northern Ireland and Ireland, fault remains practically significant. Statute still permits divorce based on conduct such as adultery or unreasonable behaviour (Northern Ireland) or behaviour rendering further cohabitation intolerable (Ireland), although separation‑based grounds are commonly pleaded.The term is used by family lawyers when advising on strategy, evidential requirements, pleadings and the costs and emotional impact of alleging fault, and when explaining the differences between historic and current divorce regimes.
GLOSSARY
A service established by the Direct Marketing Association to help reduce the chances of customers receiving unsolicited advertising communications via fax. It operates along similar lines to the Telephone Preference Service.
PRACTICE NOTES
CASE HUB ARCHIVED—this archived case hub reflects the position at the date of the decision of 8 January 2016; it is no longer maintained. See further, timeline, commentary and related cases. Case facts Outline European Commission merger investigation into the proposed acquisition by FedEx Corporation of TNT Express (Case M.7630). There are horizontal overlaps in the small package delivery sector. Latest developments On 8 January 2016, the Commission unconditionally cleared the transaction. Parties FedEx Corporation (FedEx) is a US-based company (headquartered in Memphis, Tennessee) that provides small package delivery, freight forwarding and cargo transportation services throughout the world through its integrated global network. TNT Express (TNT) is a Netherlands-based company that provides small package delivery, air and ground freight and freight forwarding services throughout the world. Background The transaction was announced on 7 April 2015, under which FedEx agreed to acquire the whole of TNT. The agreed consideration is €4.4bn. The transaction was notified to the Commission on 26 June 2015. The Commission referred the transaction for a phase II investigation on 31 July 2015. On 13 August