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PRACTICE NOTES
This Practice Note provides information about, and access to, public children standard orders issued by the standard orders group with the authority of the President of the Family Division, including directions, case management and final orders in relation to care proceedings, adoption and secure accommodation. On 11 May 2026, Mr Justice Peel, the judge in charge of standard orders, with the authority of the President of the Family Division, announced that the standard orders in volume 1 (financial remedies orders) and volume 2 (children and other orders) were updated to reflect developments in law and practice since May 2024. The house rules remain unchanged. See News Analysis: Amended family standard orders published. On 14 July 2026, Peel J announced that selected standard orders had been updated following discussions between the standard orders group and the Legal Aid Agency (LAA). The changes coincided with the LAA's update
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 changes apply only to proceedings issued on or after 4 June 2018. For details of proceedings to which the fast-track is applicable. All other financial remedy proceedings will be dealt with under the standard procedure.
PRECEDENTS
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GLOSSARY
A form of heritable security.
PRACTICE NOTES
This Practice Note considers enforcement of standard security over heritable property in Scotland. Legal framework The law on enforcement of standard securities is contained in Part II of the Conveyancing and Feudal Reform (Scotland) Act 1970 (CFR(S)A 1970). The statutory scheme originally set out in the CFR(S)A 1970 has been significantly amended in relation to securities over properties used for residential purposes, principally by: • Mortgage Rights (Scotland) Act 2001, and • Home Owner and Debtor Protection (Scotland) Act 2010 The starting point for considering the enforcement of any standard security will be the security itself and in particular, the application of certain ‘Standard Conditions’ which are set out in CFR(S)A 1970, Sch 3. Note however, in Daniel Donald v David Booth, the Inner House held that the formal deed will not necessarily supersede a prior agreement where that agreement envisaged the creation of the standard security and defined the limited part it was to play. As between the creditor and debtor, where no third party has an interest, a standard security is accessory
PRACTICE NOTES
This risk management guide is intended for commercial organisations in the UK. It identifies five priorities for managing the risks associated with standard terms and conditions of purchase and explains why each one is important. It includes a series of action lists and action points for each priority, so you can record your organisation’s level of risk management. Why you need to manage this risk Standard terms and conditions of purchase are often used by an organisation to facilitate ease of procurement. They can be useful for an organisation when it enters into agreements with suppliers as part of its day-to-day operations. Their generic and pro-forma nature can be advantageous because they require fewer resources to prepare and administer than a bespoke agreement and theoretically require little, or no, negotiation or management involvement. Using standard form terms and conditions introduces speed, consistency and certainty as to allocation of risk into the procurement process as well as reducing routine costs. However, you should consider whether standard terms and conditions are appropriate
PRACTICE NOTES
This risk management guide is intended for commercial organisations in the UK. It identifies five priorities in relation to standard terms and conditions of sale and explains why each one is important. It includes a series of action lists and action points for each priority area so that you can record your organisation’s level of risk management. Why you need to manage the risk Sales-led organisations fundamentally want to clinch the sale, collect the revenue and move on to the next sale. Sales personnel are target driven and are inclined to steer clear of any process or person who might put the brakes on a deal and consequently their commissions. As in-house lawyer you need to understand your organisation’s sales-cycle, recognise the pressures the sales team are under with their targets (which may be cyclical) and ensure you are viewed as a business-enabler, not a bottle-neck to a pipeline of potential sales. A key part of achieving that is to craft a good set of standard terms and conditions of sale which
PRACTICE NOTES
This Practice Note considers why businesses use standard terms and conditions (T&C, Ts&Cs, T&Cs), when trading with either other businesses (business to business or B2B transactions) or consumers (business to consumer or B2C transactions). It will assist the commercial practitioner in analysing the client's position and advising whether standard terms and conditions are appropriate for the client. Purpose of standard terms and conditions Businesses use standard terms and conditions for many reasons, including: • speed • consistency • cost • allocation of risk It is essential that businesses understand the need to enter into written agreements where possible and to adopt standard written terms that are pertinent to their particular business or trade. Importance of standard terms and conditions Standard terms and conditions, if used correctly and duly incorporated, are fundamental to income generation. They should form the basis of all contracts and provide a framework for day-to-day operations as well as protection in contractual matters. However, businesses often overlook their standard terms and focus on generating revenue. Individuals within a business may
PRACTICE NOTES
This Practice Note summarises the practical steps which a business can take to successfully incorporate its standard form terms and conditions into contracts and agreements. It provides guidance on how to ensure that one party’s standard terms and conditions are incorporated into a contract, how to win the battle of the forms and how to prevail over attempts by the other party to incorporate their standard terms and conditions into the contract. See also: Effectively incorporating standard terms and conditions—checklist. For guidance on the purpose, advantages and disadvantages of using standard terms and conditions, see Practice Note: Standard terms and conditions—advantages and disadvantages. For guidance on drafting standard terms and conditions for business to business (B2B) transactions, see: • Practice Note: Key terms and conditions in commercial contracts • Drafting terms for the supply of services—business to business—checklist • Drafting terms for the sale of goods—business to business—checklist For guidance on reviewing another party’s B2B standard terms and conditions, see: • Contracting on another party’s standard terms and conditions (B2B)—checklist • Reviewing terms for the purchase
NEWS
Commercial analysis: The court gave reverse summary judgment on the claim, and on the counterclaim, in a case concerning two reseller agreements and exclusion clauses. In doing so the court had to consider whether the agreements were the defendant’s standard terms of business, which would have engaged the Unfair Contract Terms Act 1977 (UCTA 1977). The court concluded that they were not. It went on to consider whether summary judgment was appropriate on the issues of construction of the exclusion clauses. It concluded that it was. It is a useful consideration of what can be fact specific problems which arise often in the context of complex commercial agreements. Written by James Davies, barrister and mediator at New Square Chambers.
GLOSSARY
A committee set up under the Local Government Act 2000 s.53 to promote and maintain high standards of conduct throughout the authority.
GLOSSARY
Since July 2009 the operating name of the Standards Board for England: a body corporate created by section 57 of the Local Government Act 2000 with present responsibility for the strategic regulation of the local government conduct regime in Part III of the 2000 Act and for investigating serious or sensitive breaches of the Code of Conduct (see also Schedule 4 to the 2000 Act).