The provisions relating to domestic abuse protection orders (DAPOs) in the Family Court contained in the Domestic Abuse Act 2021 (DAA 2021) are in force only for the purpose of the pilot scheme contained in the Family Procedure Rules 2010 (FPR 2010), ie FPR 2010, PD 36ZG in specified courts. Therefore an application for a DAPO can only be made if the person from whom protection is required lives in an area specified in the pilot scheme. See: What are the piloted areas? and Practice Note: Domestic abuse protection orders in the Family Court. Which court can vary a DAPO? Any court, ie the court that made the order or any other court, may vary or discharge a DAPO. As a general rule any application to vary or discharge a DAPO under DAA 2021, s 44 must be made to the court that made the order. However where: • the original DAPO was made by a magistrates’ court, the application to vary or discharge may instead be made to any magistrates’ court acting

Application to discharge a restraint order Any person affected by a restraint order, as well as the person who applied for it, may apply for its discharge. This includes defendants, associated and third parties, and receivers. The suspect or defendant may, for example, seek to discharge the order where: • there is insufficient evidence to connect the suspect with the offence • there is no realisable property held by the suspect or defendant • there is no risk of dissipation of assets An application to discharge the restraint order can also be made by a defendant in the circumstances that there is no reasonable belief that the defendant has benefited from criminal conduct. An application may also be made on procedural grounds, eg where the applicant, in an ex parte process, has failed to discharge their duty of full and frank disclosure (or duty of candour). When making the application for a restraint order, the applicant must be astute and wear their ‘defence hat’ when making such applications as

Commercial analysis: How far is too far before a variation to an agreement becomes a new contract and/or a rescission of the original agreement? This was the question facing the Court of Appeal in the recent case of Cobalt Data Centre 2 LLP and another v Revenue and Customs (LLPs v HMRC). Written by Prudence Walton, solicitor at Hawkswell Kilvington Ltd.

The formal way of instructing a contractor within a contract to change the scope or nature of the works.

Losing guarantee covenants At any point in the economic cycle, landlords will want to protect themselves against tenant default, particularly in the case of potentially high risk tenants such as a recently incorporated small company or an insignificant subsidiary, or where the cost of enforcement is likely to be high (as in the case of a foreign corporation). In times of recession (or credit crunch) the need for protection is a factor in every letting. Landlords frequently ask for a guarantee covenant from a guarantor as ‘principal debtor’ or ‘primary obligor’; this ensures that the guarantor’s liability is direct and not merely secondary to that of the tenant. The extent of the guarantor's liability is a question of construction of the contract of guarantee, but it can never exceed the liability of the principal debtor. It is unlikely that a covenant given in those terms will displace the essential nature of the guarantor’s liability, which is secondary to and generally co-extensive with that of the tenant. The general law of guarantees continues to apply and so landlords must ensure

THIS DEED is made on [date] Parties 1 [Names of residuary beneficiaries] of [address] (the Residuary Beneficiaries) 2 [Name of charity beneficiary] of [addresses] (the Charity) 3 [Names of Executors] of [addresses] (the Executors) BACKGROUND (A) [Name of deceased] (the Deceased) died on [date of death] leaving their last Will dated [date of last Will] (the Will). (B) [ Probate of the Will was granted out of the [Principal OR [name] District Probate] Registry of the Family Division of the High Court to the Executors on [date of grant ]. OR No grant of probate has yet been issued to the Executors]. (C) By clause [insert clause number from the Will relating to

THIS DEED is made on [date] Parties 1 [Name of spouse or civil partner who is residuary beneficiary entitled under the Will] of [address] (the Residuary Beneficiary) 2 [Names of beneficiaries of inserted NRB legacy] of [addresses] (the Nil Rate Band Beneficiaries) 3 [Names of executors] of [addresses] (the Executors) BACKGROUND (A) [Name of deceased] (the Deceased) died on [date of death] leaving their last Will dated [date of last Will] (the Will). (B) [Probate of the Will was granted out of the [Principal OR [name] District Probate] Registry of the Family Division of the High Court to the Executors on [date of grant

THIS DEED is made on [date] Parties 1 [Names of residuary beneficiaries entitled under the Will] of [addresses] (the Residuary Beneficiaries) 2 [Name of new beneficiary of inserted legacy] of [address] (the New Beneficiary) 3 [Names of executors] of [addresses] (the Executors) BACKGROUND (A) [Name of deceased] (the Deceased) died on [date of death] leaving their last Will dated [date of last Will] (the Will). (B) [ Probate of the Will was granted

THIS DEED is made on [date] Parties 1 [Names of statutory beneficiaries entitled on intestacy] of [addresses] (the Statutory Beneficiaries) 2 [Name of new beneficiary of inserted legacy] of [address] (the New Beneficiary) 3 [Names of administrators] of [addresses] (the Administrators) BACKGROUND (A) [Name of deceased] (the Deceased) died intestate on [date of death] survived by the Statutory Beneficiaries who are the Deceased’s [ [ [surviving spouse OR civil partner] ] AND [[details of surviving relatives who are entitled on intestacy] all of full age] ].

THIS DEED is made on [date] Parties 1 [Insert names of statutory beneficiaries entitled on intestacy] of [insert addresses of statutory beneficiaries entitled on intestacy] (the Statutory Beneficiaries) 2 [Insert names of administrators] of [insert addresses of administrators] (the Administrators) BACKGROUND (A) [Insert name of deceased] (the Deceased) died intestate on [insert date of death] survived by the Statutory Beneficiaries who are the Deceased’s [ [ [surviving spouse OR civil partner] ] AND [[insert details of surviving relatives

THIS DEED is made on [insert date] Parties 1 [Insert names of legatees in the Will] of [insert addresses of legatees in the Will] (the Legatees) 2 [Insert names of residuary beneficiaries in the Will] of [insert addresses of residuary beneficiaries in the Will] (the Residuary Beneficiaries) 3 [Insert names of executors] of [insert addresses of executors] (the Executors) BACKGROUND (A) [Insert name of deceased] (the Deceased) died on [insert date of death] leaving their last

THIS DEED is made on [date] Parties 1 [Name of surviving joint tenant of property co-owned with deceased] of [address] (the Surviving Joint Tenant) 2 [Names of new beneficiaries of deceased’s beneficial interest in the property] of [addresses] (the New Beneficiaries) 3 [Names of Executors] of [addresses] (the Executors) BACKGROUND (A) [Name of deceased] (the Deceased) died on [date of death] leaving their last Will dated [date of last Will] (the Will). (B) [Probate of the Will was granted out of the [Principal