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Q&As
The court form prescribed financial statement is used to set out each party's relevant financial and other circumstances when a financial application has been made. Both parties are required to simultaneously exchange with each other, and file at court, a statement of their financial circumstances not less than 35 days before the first appointment, unless the application is under the fast-track procedure where a shorter time period applies, see Practice Note: Fast-track (shortened) financial remedy procedure. Specified documents are attached to the financial statement. Whether Form E, Form E1 or Form E2 is used will depend on the type of proceedings that are being brought. The Form E is a comprehensive financial statement that is usually the most detailed document completed by the parties and arguably the single most important document in an application for a financial order. For further guidance see Practice Note: Preparation of Form E. Forms E1 and E2 are more limited
Q&As
A deed of covenant relating to a restrictive covenant will have been protected by a notice. An application to cancel a notice (other than a unilateral notice) must be made
Q&As
HM Land Registry Practice Guide 62: easements identifies the appropriate forms to use when an easement that
PRACTICE NOTES
This Practice Note provides guidance on choosing the most appropriate form of alternative dispute resolution (ADR) to resolve a civil dispute. It should be read in conjunction with Practice Note: What is ADR?, which considers the main types of ADR and their similarities and differences. For information on the parties’ obligations to consider ADR and the courts’ powers with respect to ordering or encouraging the parties to consider ADR, both before and during any litigation, see Practice Note: Court powers to order or encourage ADR in civil proceedings. Forms of ADR Mediation is one of the most commonly recognised and used forms of ADR process but it may not be the most effective for every dispute. If the parties wish to consider ADR, or it is ordered by the court, the parties have control over which form of ADR they use, subject to any contractual requirement if the dispute arises out of a contract or to any order made by the court. They can agree to try whichever process they think will work best for their dispute
Q&As
An equitable charge should be registered as a land charge under class c (iii). Notice and priority depend on the order of registration. The creation of an equitable charge will not trigger first registration of the the estate over which the charge subsists. As an equitable charge over unregistered land does not qualify for substantive registration at HM Land Registry, when dealing with the discharge of such a charge you will need to apply for
Q&As
For the purposes of this Q&A, we have assumed that this relates to the forfeiture of a lease of commercial premises, with no occupied residential parts. If a right of re-entry (or forfeiture) is reserved in a lease for a particular breach of covenant, the landlord may take steps to forfeit the lease once that right to forfeit has accrued, provided that the right is not waived. A right to forfeit in respect of non-payment of rent will generally arise after rent remains unpaid for
Q&As
An adoption order is an order made under the Adoption and Children Act 2002 (ACA 2002) and is defined as an order made by the court on an application under ACA 2002, s 50 or s 51 giving parental responsibility for a child to the adopters or adopter. The making of an adoption order extinguishes the parental responsibility of all other persons as well as any orders made under the Children Act 1989. By ACA 2002, s 46(6) the court must, before the making of an adoption order, consider whether contact arrangements with any person should be put in place, and must consider any existing or proposed arrangements and obtain any views of the parties
Q&As
In any case where the court has power to make a non-molestation order, the court may accept an undertaking from any party to proceedings (section 46(1) of the Family Law Act 1996 (FLA 1996)). However, the court shall not accept undertakings instead of making a non-molestation order where it appears to the court that the respondent has used or threatened violence against the applicant or relevant child and it is necessary to make an order for their protection so that any breach is punishable by criminal offence (FLA 1996, s 46(3A)). Disobedience of a directive
CHECKLISTS
This flowchart sets out which forms should be used in appeals in family proceedings. To access detailed practical guidance on the steps in the flowchart including relevant overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading links, see: Appeals and judicial review—overview or click on the related documents
Q&As
Sanctions are non-permanent restrictions or prohibitions imposed by governments that regulate how its people and companies engage with sanctions target countries or regimes. They are an essential foreign policy tool which can be made against countries, regimes, organisations, individuals and entities. They are intended to bring about a change in policy or activity in the target country, region, government, companies or individuals. Sanctions may be classified by category, such as trade, financial, transport or immigration sanctions. This distinction is descriptive of the type of prohibition and determines which government department applies and enforces the sanctions. In broad terms: • financial sanctions—measures which restrict dealings in money and the provision of financial services. Examples of financial sanctions include measures to freeze the assets of named persons or entities, restrictions
Q&As
Specifically in relation to Discharge to Assess funding, is there any guidance that confirms that funding should not be ceased until the local authority has put something else in place to continue meeting needs. The principle of continuity of care and support is enshrined in the sections 37 and 38 of the Care Act 2014. Further guidance is provided in the Care Act 2014 Statutory guidance, Chapter 20. Continuity of care, in particular paragraph 20.50 which provides: 'Where local authorities are in dispute over application of the continuity of care provisions,
Q&As
A price variation clause in a contract is often included where the parties wish to cover inflation risk in respect of a price contained within the contract. Such clauses are also commonly used in cases where there are periodical payments such as financial remedy orders. A price variation clause will consist of the base price for the goods or services covered by the contract, the index to which the variation is linked, and an applicable date or period against which the index is applied to the base price. An index measures changes in average price levels and is therefore useful as a tool to keep the price paid under the contract at the same level relative to inflation. Most indices utilise a sample study of a list of typical items purchased by households, with weighting applied to reflect the importance of the type of good. It is a matter of commercial negotiation which index is applied to a price variation clause. Inflation is measured by the Office for