This flowchart sets out the steps to be taken in applications under Part 18 of the Family Procedure Rules 2010 which sets out the procedure where a party wishes to make an application within existing family proceedings, a party wishes to start proceedings where

This flowchart sets out the steps to be taken on an application under Schedule 1 to the Children Act 1989 (ChA 1989) for either capital or maintenance provision for a child. It considers the procedure under the Family Procedure Rules 2010 (FPR 2010), who can apply, the fast track and standard

Restructuring & Insolvency analysis: The administrators of MBI Clifton Moor Limited were granted an order under para 71 of Schedule B1 to the Insolvency Act 1986 (IA 1986) permitting the sale of land subject to security (other than a floating charge) as if it were not subject to the security. Written by Lisa Feng, barrister, at Exchange Chambers.

This Practice Note sets out the range of orders that can be made under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) or its Civil Partnership Act 2004 (CPA 2004) equivalent, as extended by various other pieces of legislation. It considers who can apply for an order and situations in which the provisions may be useful, as well as particular issues, including contributions to the improvement of property and the rights of formerly engaged couples. It also sets out the interaction between proceedings under MWPA 1882, s 17 / CPA 2004, s 66 and proceedings for a financial order between parties to matrimonial or civil partnership proceedings. When first enacted, MWPA 1882 made significant changes to the legal rights of married women. The majority of MWPA 1882 has been repealed. However, MWPA 1882, s 17 remains in force and, together with other pieces of legislation extending its scope, offers a distinct procedural route enabling the court to make such order as it thinks fit in relation to questions as to the

This Practice Note provides guidance on the procedure applicable to an application under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) or its civil partnership equivalent, including how to start an application, the different procedural codes applicable to free-standing applications and applications made in existing financial order proceedings respectively, case management, injunctive orders and asset preservation, together with information on final orders and costs. The procedure for applications under MWPA 1882, s 17 or section 66 of the Civil Partnership Act 2004 (CPA 2004) is set out in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 8, which uses the term, ‘application for question as to property to be decided in summary way’. FPR 2010 directs parties respectively to Part 19 (free-standing application) or Part 18 (application in financial order proceedings). Provision is also made for injunctions and orders for sale. For practical guidance on the substantive law, see Practice Note: Applications under the Married Women’s Property Act 1882—principles. See also: Procedural guide—applications under the Married Women’s

This Practice Note explains the six criminal offences that may be committed under the Protection from Harassment Act 1997 (PHA 1997) including harassment, fear of violence and stalking. It identifies criminal law remedies available to victims of harassment under PHA 1997, including restraining orders. It considers civil remedies eg damages for anxiety, injunctions and exclusion zones. It sets out the procedure under the Civil Procedure Rules 1998 (CPR), including who can apply and in which court. Information is provided on breach of injunction, undertakings, warrants of arrest and damages. Where clients are unable to avail themselves of the provisions of the Family Law Act 1996 (FLA 1996) because they do not satisfy the criteria or eligibility, or where damages are sought, then their solution may lie under PHA 1997. See Practice Note: Domestic violence non-molestation orders However, where the victim and the perpetrator of harassment or molestation are ‘associated persons’ within FLA 1996, s 62(3), the remedies under the 1996 Act are more comprehensive and may be more appropriate. Concurrent proceedings

The Variation of Trusts Act 1958 (VTA 1958) gives the court the jurisdiction to approve variations to the terms of a trust on behalf of beneficiaries who are unable to consent to the variation. It is primarily designed to be used in the typical scenario that the trust terms themselves contain no express power to vary the trust. Background to the Variation of Trusts Act 1958 The roots of the statute are in the case, Saunders v Vautier. The court confirmed that when all the beneficiaries are adults with capacity, they have power together to amend the terms of the trust as they wish. Historically, the most common example of this has been where a life tenant and a remainderman decide to partition the trust fund between them rather than continue the trust until the death of the life tenant. In most trusts, the beneficiaries cannot amend the terms of the trust in this way because they are not all adults with capacity. For example, in the simple

This Practice Note provides guidance on when applications can be determined without a hearing, also known as paper applications or an application on the papers. It discusses the types of applications which are suitable for determination without a hearing and explains how to request a paper determination. This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section Court specific guidance below. The general rule is that matters should be disposed of in oral hearings in public (CPR 39.2(1)). However, some applications are capable of being determined entirely on the papers without any hearing at all. Where this occurs it is referred to variously as 'determining an application on the papers', 'application on the papers', ‘applications on documents’, ‘orders without hearings', 'disposing of applications without hearings', 'dispensing with hearings', 'boxwork', etc. It is important to give consideration at an early stage as to the appropriate

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance below. What is the difference between an on notice and a without notice application? An application is made ‘on notice’ when the respondent is served with a copy of the application notice before the application is determined by the court. A without notice application is an application made without serving a copy of the application notice on the respondent. They are sometimes referred to as ‘ex parte’ applications. For guidance on service of applications, see Practice Note: Filing and serving applications. Note: • an application may still technically be considered ‘without notice’ even if, although no application notice has been served, the respondent is aware of the fact of the application/the hearing—this is sometimes referred to as ‘without notice on notice’ (G v Wikimedia Foundation Inc) • the concept of an application being with

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further in the section Court specific guidance below. When completing form N244 you are asked to state the level of judge that your application needs. It is therefore important for practitioners to know which level of judge should hear different types of application. For guidance on completing form N244, see Practice Note: The application notice—form N244. When deciding on the appropriate level of judge you should have regard to two interrelated matters: • jurisdiction—the power of the particular judge to grant the order in the first place, and • allocation—how different courts distribute matters among judges with jurisdiction to hear them It is sensible to approach the issue in that order because if a judge lacks jurisdiction to hear an application then they should not be requested on the application notice. However, even if a judge has

[Insert date] [Insert] Employment Tribunal [Insert address] To the [insert] Employment Tribunal [Insert name of case, eg X v Y] Claim Number: [insert claim number] Application for an order for the [Claimant OR Respondent] to provide additional information We act for the [Claimant OR Respondent] in the above matter. We apply to the tribunal, under rules 30 and 33 of the Employment Tribunal Procedure Rules 2024, SI 2024/1155, for an order that the [Claimant OR Respondent] provide to us in writing the following additional information in relation to the [claim OR response OR reply]: [specify information] [ [Example

[Insert date] [Insert] Employment Tribunal [insert address] To the [insert] Employment Tribunal [Insert case name] Case No: [Insert case number] Application under Rule 31(1) to amend the [Claim OR Response] We act for the [ Claimant OR Respondent] in the above matter. We wish to apply pursuant to Rule 31(1) for an order that we be permitted to amend the [Claim OR Response] in the form of the attached draft, as follows: [insert details,