Generally, when applying for an interim injunction, which form needs to be used will depend on where the application is brought. Forms N16, N16(1) and N16A are used in the County Court. For further guidance, including on the forms used in other courts, see: Opposing an on notice interim injunction application—checklist. For guidance on interim injunctions without

It is assumed that: • the relevant retained land is unregistered • the caution is a caution against first registration Pursuant to section 19 of the Land Registration Act 2002 (LRA 2002) the registrar must keep a register of cautions against first registration. In relation to LRA 2002, s 19, Halsbury’s Annotations sets out that, prior to the passing of LRA 2002, details of cautions against first registration were kept in paper form on a ‘caution title’. This recorded certain essential information relating to the caution, such as the name and the address for service of the cautioner, details of the solicitor or licensed conveyancer who lodged the caution, and the estate against which the caution has been registered – see Commentary: 19 Cautions register: Halsbury's Annotations. Cautions against first registration were previously

The LPA receiver is deemed to be agent of the mortgagor and therefore can exercise all the powers that the mortgagor has in respect of the property owned by the mortgagor subject to the charge according to section 109(2) of the Law of Property Act 1925. The LPA receiver’s duty is to protect the mortgagee according to Shaw LJ in Newhart Developments v Co-operative Commercial Bank. For more information on the various situations in which an LPA receiver is appointed and the LPA receiver’s obligations, see Practice Note: Effect of appointment of LPA or fixed charge receiver on property. For information

Hearsay evidence Hearsay is ‘a statement made otherwise than by a person while giving oral evidence in proceedings which is tendered as evidence of the matters stated’ (section 1(2) of the Civil Evidence Act 1995 (CEA 1995) and CPR 33.1). Therefore, evidence given by way of a witness statement rather than as evidence given orally at trial (thereby depriving the other parties of cross-examining them on their evidence) will constitute hearsay evidence. The rules on hearsay only apply to the giving of evidence at trial and not for an application. Where witnesses are deceased, a party may choose to rely on the witnesses’ evidence as hearsay evidence at trial. The weight

Subject to any concerns about individual safety or diplomatic complications, the proposed applicant may wish to make enquiries of the authorities in the country where the marriage ceremony was conducted and/or its UK embassy or High Commission to see if it is possible to obtain an official copy of the marriage certificate. In accordance with the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, specifically FPR 2010, PD 7A, para 3.2, if an applicant cannot produce a marriage certificate, similar document or a certified copy (and where necessary an authenticated translation), at the time of filing the application and the application is urgent, they can make a without notice

Legal professional privilege is an important form of privilege. As a matter of public policy, all communications between a legal advisor and their client are privileged from the date of production so long as they are confidential, written by or to the legal advisor in their professional capacity, and for the purpose of giving or getting legal advice. The interest which it protects is to ensure that communications between a solicitor and client may be frank and free and should not emerge into the public domain if litigation is subsequently pursued. A party may, however, waive that privilege. Classically, and uncontroversially, this would be so in instances where the party refers in detail to, and seeks to rely upon, part of a document setting out legal

It is a relatively common occurrence that, where the court is asked to divide matrimonial assets within financial remedy proceedings upon divorce, some of those assets relate to third parties. This is particularly the case where companies are involved. Where the parties, or one of them, is the sole controller of that company, the court will often require disclosure of management accounts as well as the publicly-available balance sheet and profit and loss accounts. However, where that party is a director and shareholder of a company alongside other unrelated parties, and particularly where the party does not have control

Assuming that the order to file Form E endorsed with a penal notice has been personally served, unless the court has directed otherwise (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 37.4(2)(c)), the next procedural step will be to apply for an order for the respondent’s committal. The detailed procedure in FPR 2010, SI 2010/2955, Pt 37 together with FPR 2010, PD 37A (in particular FPR 2010, SI 2010/2955, 37.3, 37.4, 37.8 and 37.9) must be followed. The application is made adopting the FPR 2010, SI 2010/2955, Pt 18 procedure and using Form FC600. On the hearing of a committal application arising from the failure to file a Form

Where information required within financial remedy proceedings has previously been subject to a direction or order and has not been provided, it is common for the court to be asked to attach a penal notice to the order or direction, breach of which may result in committal to prison. Some courts will require that a formal notice of application is lodged and a hearing fixed to decide whether a penal notice is appropriate. Other courts will grant a penal notice without notice and without the need for a formal hearing. It is therefore necessary to check the practice of the appropriate court, see Practice Note: Standard directions on an application in Form A, in particular section: Failure to comply with standard directions. The evidence required in support

The court in financial remedy proceedings will ordinarily seek to assess whether a spouse who is the beneficiary of a trust has by way of that beneficial interest a financial resource (see, generally, Charman v Charman and Browne v Browne). Such interests can be considered by the court as part of the circumstances of the case and may be treated as an asset in the balancing exercise to achieve a fair result. This will particularly be the case where the interest under the trust is a defined interest which is easily accessible now or in the reasonable future. There may be arguments, subject to needs, that trust assets should be treated as being non-matrimonial,

The role of experts in civil proceedings is generally governed by Pt 35 of the Civil Procedure Rules 1998 (CPR). Expert evidence is restricted to that which is reasonably required to resolve the proceedings (CPR 35.1), and the overriding duty of the expert is to help the court on matters within their expertise (CPR 35.3). Expert evidence cannot be relied upon without the permission of the court (CPR 35.4) or where it is otherwise required by the CPR. That rule also contains provision regarding fixed cost medical reports where the same applies. Further, by CPR 35.4(4), the court may limit the amount of a party’s expert’s

Maintenance of easements In the absence of an agreement in the easement to contribute to maintenance (as the easement is potentially prescriptive/implied only) there is no obligation to pay towards its upkeep. Likewise, the dominant tenement owner is not obliged to carry out repairs though a servient tenement can do so if the accessway falls into disrepair. Even if the accessway falls into disrepair through the normal use by the servient tenement