Applications for non-molestation orders are governed by the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, in particular FPR 2010, SI 2010/2955, Pt 10 and the supporting practice direction FPR 2010, PD 10A. Where an application is made on notice to the respondent for a non-molestation order under section 42 of the Family

Case study A tenant went into occupation during lease negotiations without entering into a formal tenancy at will. It has been in occupation for four years paying no rent. The lease, which provided for a 25-year term inside the Landlord and Tenant Act 1954 (LTA 1954) at a rent of £1 per annum, was signed by both parties, but never completed. The tenant has paid all bills and maintained and improved the property. Tenancy at will or periodic tenancy The answer to this Q&A depends upon whether the tenant occupies under an implied tenancy at will or a periodic

Where no application for the conditional order to be made final has been made by the party to whom it was granted, the other party (the respondent) may make an application to the court after the expiration of three months after the earliest date on which the party who obtained the conditional order could have made it final (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 7.20). The earliest date on which the applicant could have applied for the conditional order to be made final is six weeks from the date on which it was made (section 1(4) of the Matrimonial Causes Act 1973 (MCA 1973)). On an application by a respondent

It is assumed that the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) applies to the claim in question, rather than any of the specific pre-action protocols. The Practice Direction sets out the conduct usually expected of parties prior to the issue of proceedings. It includes provisions that will apply in all cases, but is specifically stated to apply if none of the other more specific protocols are relevant to your claim. For details of all the pre-action protocols, see Practice Note: The pre-action protocols and when they apply. As set out in paragraph 6 of the Practice Direction, the claimant should usually write to the defendant before commencing proceedings to set out the details of their claim, including: • the basis on which the claim is made • a summary

Section 19 of the Children and Families Act 2014 (CFA 2014) sets out the general principles to which local authorities must have regard in exercising their powers and duties under CFA 2014, Pt 3 as regards children and young people from birth to age 25. Key principles require parent and child consultation and participation in the local authority decision-making process. There is also a duty to keep parents and children informed. Please see our Practice Note: Special educational

A statutory demand is served by leaving it at the registered office of the company. In practice, statutory demands are frequently served

The requirements for service of a statutory demand on an individual are set out in the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, rr 10.2–10.3. A creditor is under an obligation to do all that is reasonable for the purposes of bringing the statutory demand to the debtor's attention. If practicable, this will be by way of effecting personal service on the debtor. There may be circumstances where personal service is not practicable. In these circumstances, the creditor should follow the guidance as set out in the Practice Direction on Insolvency Proceedings. See Practice Note: Practice Direction on Insolvency Proceedings. Substituted service of a statutory demand is permitted. This could include by taking those steps which would justify the court making an order for substituted service of a bankruptcy petition. Alternatively, it may include

A sealed copy of the winding-up petition must be served on the company’s registered office by: • handing it to a person at the company’s registered office who acknowledges themselves to be or is to the best of the knowledge and belief of the person serving the winding-up petition, a director, other officer or employee of the company, or • handing it to any person who acknowledges themselves to be authorised to accept service on the company’s behalf • in the event that none

A winding-up petition must be verified by a statement of truth. Where a winding-up petition is in respect of debt due to different creditors then the debt to each creditor must be verified separately. The statement of truth verifying the winding-up petition must be made no more than ten business days before the date of issue, or presentation, of the winding-up petition, but otherwise there is no express requirement as to when the statement of truth is signed. A signed statement of truth is not required to be filed at the same time that the winding-up petition is presented at court. A winding-up petition can be verified by a statement of truth

A winding-up petition must be advertised in the London Gazette unless the court directs otherwise (which it will do only in exceptional circumstances) in accordance with rule 7.10 of the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, (see also IR 2016, SI 2016/1024, rr 1.10–1.12) and a failure to comply with that requirement without good reason may lead to the summary dismissal of the winding-up petition at the return date. On a creditors’ winding-up petition, the advertisement must be at least seven business days

Service of a winding-up petition must be proved by a certificate of service. A certificate of service must: • identify the winding-up petition • identify the company • identify the petitioner • specify: ◦ the court or hearing

Law360, London: The EU has taken a significant step forward in modernising its liability framework with the adoption of a new Product Liability Directive in October 2024, effective from 9 December 2026.