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This flowchart sets out the steps to be taken in divorce or civil partnership dissolution proceedings issued by the court on or before 5 April 2022 for an undefended divorce (application for a matrimonial order) or civil partnership dissolution under the Matrimonial Causes Act 1973 (MCA 1973) or the Civil Partnership Act 2004 (CPA 2004). Such applications are not impacted by the coming into force of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) on 6 April
PRACTICE NOTES
This Practice Note explains the procedure to be followed for an undefended divorce where the application was issued before 6 April 2022 and where the divorce is proceeding on paper, including making an application for a decree nisi. It also covers the procedure for costs to be considered by the court. It provides information on what happens on pronouncement of decree nisi. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information-, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020 and Procedure following service and application for a conditional order (post-DDSA 2020). Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law, whether submitted on the digital system or via paper. Such applications have not been impacted by the
PRACTICE NOTES
This Practice Note explains the process for undefended judicial separation proceedings that were issued before 6 April 2022. It covers what the court must consider before granting a decree and what it must do if it is not satisfied on the prescribed matters. It explains cross decrees and when the court can rectify a decree. It also explains the procedure for rescinding a decree and when a rehearing is appropriate. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are subject to the provisions of DDSA 2020 and the changes to procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For further information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 continue to progress under the pre-DDSA 2020 law. Such applications are not impacted by the coming into force of DDSA 2020, nor the consequential changes to procedure. This
PRACTICE NOTES
This Practice Note explains the process for undefended proceedings for nullity (application for a matrimonial order) where the application was issued before 6 April 2022 . It explains the requirements in relation to obtaining an order for a medical examination. On 6 April 2022 the provisions of the Divorce, Dissolution and Separation Act 2020 (DDSA 2020), came into effect. Although DDSA 2020 does not make substantive changes to the law regarding nullity proceedings, there are some consequential changes to the procedure under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 affecting applications for nullity and nullity of marriage orders that are issued on or after 6 April 2022. The changes relate primarily to changes to terminology, updated forms and changes to provisions regarding service. For details of the procedure for proceedings issued on or after 6 April 2022 see Practice Notes:Commencing and filing nullity proceedings
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It is possible to rely on cash savings alone to meet the Minimum Income Requirement for applications under the Immigration Rules, Appendix FM. See Practice Note: Minimum income threshold: Category D—cash savings. When relying on cash savings, the Immigration Rules, Appendix FM-SE, para 11 states that the following evidence must be provided: '(a)…personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the name of the person or of the person and their partner jointly throughout the period of 6 months prior to the date of application (b) A declaration by the account holder(s) of the source(s) of the cash savings' In relation to the requirements of personal bank statements, the Immigration Rules, Appendix FM-SE, para 1(a)(iii)
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Article 27 of Regulatory Reform Order 2005, SI 2005/1541 (the Order) provides an enforcement officer with the authority to do anything necessary for the purpose of carrying out their enforcement duties under the legislation. This includes: • entering relevant premises which they have reason to believe it is necessary to enter for the purpose of carrying out their enforcement duties and to inspect the whole or part of the premises and anything in them,
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The General Data Protection Regulation (EU) 2016/679 (the GDPR) applies in all EU Member States from 25 May 2018. Note that in answering this question we have not commented on the detailed exemptions from the scope of the GDPR (eg under Article 2 of the GDPR) nor the proposed scope of the UK’s proposed Data Protection Bill (including the ‘applied GDPR regime’). For further information on that Bill, see Practice Note: The Data Protection Act 2018. Personal data is defined in Article 4 of the GDPR as ‘any information relating to an identified or identifiable natural person (data subject); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location
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Requirement for a translation Recital 12 and Article 8 of Regulation (EC) 1393/2007, the Service Regulation provide that an addressee may refuse to accept the document if it is not written or accompanied by either: • a language which the addressee understands, or • the official language of the Member State addressed or, if there are several official languages in that Member State, the official language or one of the official languages of the place where service is to be effected These are the only two bases on which refusal may take place. This is further addressed in Annex II of Regulation (EC) 1393/2007, the Service Regulation, which sets out the information for the addressee about their right to refuse to accept a document and provides a form for them to complete if they refuse to accept the document. This includes a declaration which states: ‘I refuse to accept the document
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Civil Procedure Rules 1998 (CPR), SI 1998/3132, Pt 12 governs default judgment, which, by CPR 12.1 means judgment without trial where a defendant has failed to file an acknowledgement of service or has failed to file a defence or any document intended to be a defence. CPR 12.3 sets out the conditions that must be satisfied. In respect of a judgment in default of an acknowledgement of service, this can be obtained only if at the date
Q&As
The starting point is consideration of the service provisions in CPR 6. CPR 6.23(1) stipulates the need to give an address for service within the jurisdiction after proceedings have been commenced. It provides that: ‘Unless the court orders otherwise, a party to proceedings must give an address at which that party may be served with documents relating to those proceedings. The address must include a full postcode’. Further clarification is then provided at CPR 6.23(2) which provides that, save where provided otherwise, a party’s address for service must be either the business address within the UK of a solicitor acting for the party
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Neither ‘distributor’ nor ‘dealer’ are terms which have a specific recognised meaning under English law. The courts will look at the substance of the agreement between the parties to determine the nature of it. Unlike the terms ‘distributor’ or ‘dealer’, the term ‘agency’ does have a particular meaning under English law, see: Agency—overview. The terms ‘distributor’ and ‘agent’ are commonly compared and contrasted in commercial arrangements, as they offer manufacturers and other principals two distinct methods of taking their goods and services to market via a third party. See also: Distribution—overview. Distribution has certain features in common with agency, but the underlying legal principles are significantly different. A distributor would purchase products from a manufacturer and sell those products on to customers as an independent principal,
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The precise wording of section 48 of the Landlord and Tenant Act 1987 (LTA 1987) is that: ‘A landlord of premises to which this Part applies shall by notice furnish the tenant with an address in England and Wales at which notices (including notices in proceedings) may be served on him by the tenant’. Failure to comply with this provision means that any rent, service charge or administration charge that would otherwise fall due will not be treated as due for so long as no address is provided. There is no specific requirement that the address provided pursuant to LTA 1987, s 48 must be the actual