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An appellant's notice was sent to the court in Form N161 in relation to an appeal against a decision of a district judge in family financial proceedings. The court fee has been taken but no notification has yet been received that the application has been issued. How may the appeal now be withdrawn?
Q&As
The appellant’s notice (Form N161) should have been filed within 21 days after the decision of the lower court, unless the lower court directed a different period (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 30.4(2)). It should then have been served not later than seven days after it was filed on each respondent and the persons referred
An applicant for entry clearance as a partner under Appendix FM intends to rely on £62,500 in cash savings for the purpose of meeting the minimum income threshold. Can these savings be held for the last six months across multiple different bank accounts, some held in the applicant’s name only and some in the joint names of the applicant and their partner? Is there anything preventing the same applicant from relying on cash savings of £62,500 if the funds have been held in different accounts in the UK and overseas? Will there be an issue if the bank statements and account holder declarations regarding source of funds are dated after the date the entry clearance application is submitted online?
Q&As
An applicant for entry clearance as a partner under Appendix FM intends to rely on £62,500 in cash savings for the purpose of meeting the minimum income threshold. Can these savings be held for the last six months across multiple different bank accounts, some held in the applicant’s name only and some in the joint names of the applicant and
An applicant makes an in-time application for further leave to remain. If the applicant leaves the UK, prior to enrolling biometrics and while they are on section 3C leave, then their section 3C leave ends on their departure. If they requested a refund prior to enrolling biometrics, would they risk an invalidity notice being issued, meaning the Home Office would treat their application as invalid and them as if they never had section 3C leave and had overstayed their leave?
Q&As
If a person in the UK makes an application for further leave to remain before their current leave expires then section 3C of the Immigration Act 1971 (IA 1971) automatically extends their leave until they receive a final decision on their immigration application. Section 3C leave lapses if the person leaves the UK (IA 1971, s 3C(3)). For more information on section 3C leave see the Practice Note: When does permission continue—making and withdrawing applications, challenging decisions and travel. Application routes for leave to remain have validity requirements, which may be set out within the individual immigration route. General validity
An application for outline planning permission is made in respect of a development and outline planning permission is subsequently granted subject to reserved matters approval. Following this, a reserved matters application is made in time and subsequently approved, but the development is not commenced in time in accordance with the conditions of the outline permission. If the applicant goes on to submit an application to discharge the reserved matters and it is approved by the local planning authority (having not realised the development was not commenced in time) has the development been lawfully implemented?
Q&As
We have assumed for the purposes of this Q&A that planning permission refers to land in England. Note that the position in Wales is different. Section 92 of the Town and Country Planning Act 1990 (TCPA 1990) provides that where outline planning permission is granted for development consisting in or including the carrying out of building or other operations, it is to be subject to conditions to the effect that: • any reserved matter application must be made not later than the expiration
An application for permission to appeal a District Judge's decision was refused by a Circuit Judge after an oral hearing. What is the further route of appeal, if any?
Q&As
Appeals in cases governed by the CPR are dealt with procedurally in CPR 52 and the various associated practice directions. CPR 52.4 provides that where an application for permission to appeal is made to an appeal court other than the Court of Appeal, the appeal court will determine the application on paper (CPR 52.4(1)) but, unless following the paper assessment the appeal is dismissed as being totally without merit by a High Court Judge, Designated Civil Judge or Specialist Circuit Judge (CPR 52.3), the person seeking permission may request that the decision be reconsidered at an oral hearing. For further information, see Practice Notes: Starting an appeal—destination of civil appeals and Permission to appeal—the application. The statutory
An application has been brought under the Trusts of Land and Appointment of Trustees Act 1996 in which the applicant is claiming an interest in a property by way of estoppel/constructive trust. That property has been sold. Can the applicant register a restriction against dealings at HM Land Registry against the property that has been purchased by the respondent with the net proceeds of sale of the original property and if so which is the appropriate form to use?
Q&As
The court has the power under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA 1996) to make a declaration as to the beneficial ownership of real property. Property in England and Wales is held in two ways where that property is jointly owned. The legal ownership establishes who has paper title to the property. The legal owners will, if the property is registered, be named as the legal owners of the property at HM Land Registry. The equitable ownership of the property is not recorded,
An application has been made on Form C100 for a specific issue order. Within those proceedings one party wishes to apply for a child arrangements order. Can that application be made on Form C2 and if not, what is the correct form?
Q&As
Form C100 is the form to be used when a party seeks to commence proceedings for an order under section 8 of the Children Act 1989 (ChA 1989), a ‘section 8 order’. The orders specified in ChA 1989, s 8 are: • child arrangement orders • specific issue orders • prohibited steps order In circumstances
An application has been made to the Court of Protection for appointment of a deputy, and appointment of trustees in relation to a property to allow for a sale. What type of application would constitute an urgent application in order to avoid the sale falling through due to delay?
Q&As
Background Deputies are frequently involved in the sale, purchase or leasing of properties on behalf of a protected party (P). Authority to manage property transactions is usually dealt with in the order appointing the deputy, and the court will either grant or restrict this authority in the terms of the order. Obtaining an order may take some time, and such delays can put potential property transactions at risk. See Practice Note: Property transactions involving protected persons. Proceedings for appointment of deputy Although most applications for the appointment of a deputy commence with a single application form and proceed directly to an order, proceedings are dynamic and may involve applications to the court either before the application has been made, while the application is being dealt with, or after a final order
An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?
Q&As
Legal professional privilege is a concept that protects certain classes of documents from inspection by the other party to the case. Legal advice privilege applies to documents giving advice whether or not litigation is contemplated. Litigation privilege relates to documents coming into existence where litigation is extant or is contemplated or pending. Both fall within the umbrella of legal advice privilege. An attendance note of a hearing will ordinarily fall within litigation privilege and therefore is not required to be provided to the other party. It may be that the request to provide a copy of the attendance note of the hearing is made in contemplation of an appeal by the respondent. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955,
An application to enforce an order made under the Children Act 1989 was heard in the absence of the respondent. The respondent has requested a copy of the applicant’s solicitor’s attendance note of the hearing. Is there an obligation on the applicant’s solicitor to provide a copy of the note?
Q&As
Legal professional privilege is a concept that protects certain classes of documents from inspection by the other party to the case. Legal advice privilege applies to documents giving advice whether or not litigation is contemplated. Litigation privilege relates to documents coming into existence where litigation is extant or is contemplated or pending. Both fall within the umbrella of legal advice privilege. An attendance note of a hearing will ordinarily fall within litigation privilege and therefore is not required to be provided to the other party. It may be that the request to provide a copy of the attendance note of the hearing is made in contemplation of an appeal by the respondent. The Family Procedure Rules 2010 (FPR 2010), SI 2010/2955
An application to set-aside a default costs certificate constitutes an application for relief from sanctions (Willis v GWB Harthills LLP and others)
NEWS
Dispute Resolution analysis: An application to set aside a default costs certificate was refused. In reaching this decision, Costs Judge Leonard held that the correct approach to take when determining such an application was to consider relief from sanctions under CPR 3.9 along with the requirements under CPR 47.9(4). Written by Shilpa Shah, barrister at Ropewalk Chambers.
An application to the court for a section 8 order under the Children Act 1989 (ChA 1989) on Form C100 has been made. Included in this was a provision for a specific issue and prohibited steps. Directions have been agreed but matters have become urgent and an application for prohibited steps within the existing proceedings needs to be made. What application form is needed? Where proceedings have been issued seeking orders under ChA 1989, s 8, which form should be used to make an interim application for a prohibited steps order within those proceedings?
Q&As
Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 18, supplemented by FPR 2010, PD 18A, sets out the procedure to be adopted for other applications made in the course of existing proceedings. An applicant may use the FPR 2010, SI 2010/2955, Pt 18 procedure if the application is made in the course of