The Practical Lawyer


Procedure – standard orders

The President of the Family Division has issued an addendum to the Practice Guidance: Standard Financial and Enforcement Orders – Update issued by him back in November 2017.

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Financial orders – future earning capacity

H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled.

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Procedure – evidence requirements; domestic violence gateway

A Law Society practice note, Changes to the evidence requirements for legal aid funding in Private Law Family cases (domestic violence gateway), has been produced.

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Procedure – interim orders for sale

While recent decisions demonstrate the power of the family court to order the interim sale of a property, how that power can be exercised remains in dispute, says the author of this useful article.

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Procedure – UKVI

A protocol on Communicating with UK visas and immigration (UKVI) in family proceedings, enabling the Family Division of the High Court of Justice and the Family Court to communicate with UKVI, has been published.

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Financial orders – pre-marital agreement

The judge had not made an error of law, or erred in the exercise of his discretion in making an award which W was not satisfied with.

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Divorce – contempt of court

H’s disregard of court orders was motivated by resentment, the Court of Appeal found. The CA rejected H’s appeal against a decision sentencing him to 14 months in prison for contempt of court.

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Divorce – financial need

Divorce practitioners should note that the Family Justice Council has published its second edition of Guidance on ‘Financial Needs’ on Divorce.

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Procedure – referrals to child contact centres

The President of the Family Division has endorsed a revised protocol for referrals of families to child contact centres by judges and magistrates.

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Procedure – child maintenance

Updated forms (and guidance) in relation to child maintenance decisions have been published by the Official Solicitor and Public Trustee’s Office.

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Most-read articles

IHT – personal representatives’ liability
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PRs are personally liable for paying IHT on an estate, even where the beneficiaries undertake to pay it themselves but do not do so, the court has confirmed. Read more...
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The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
Part 36 – strict compliance
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Part 36 is a ‘self-contained procedural code’ (CPR 36.1). Being ‘self-contained’, this means that no other rules can be imported. Read more...
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A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions). Read more...
Assured shortholds – requirements
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A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...


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