The Practical Lawyer


Disclosure – anonymity

The applicant’s general application for disclosure was refused, but he was permitted specific limited access to a limited number of documents regarding his family history.

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Maintenance Protocol – change of habitual residence

A child maintenance claim under the Maintenance Protocol, which included a retroactive claim, was made by a child whose parents are German nationals.

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Children – financial provision

M made three applications under Schedule 1 CA 1989 in a high-value separation case in which F had consistently deployed the so-called ‘millionaire’s defence’.

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Children – care proceedings

M successfully applied under s39 CA to discharge a care order in respect of her eight-year-old son (L). The LA had provided no tangible evidence of any individual concerns.

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Procedure – court bundles

The President of the Family Division has issued a final draft revised Practice Direction 27A – Family Proceedings: Court Bundles (Universal Practice to be applied in the High Court and Family Court) – in force from 23 July 2018.

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Contempt of court – care proceedings

M was sentenced to six months in prison, suspended for 12 months, for contempt. She had already breached three injunctions prohibiting her from posting information about care proceedings involving two children (now adults) which started eight years ago.

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Financial remedies – delay in application

H was not entitled to financial remedies when he applied 26 years after the decree nisi was granted. The parties married in 1983, but the marriage broke down in 1991.

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Financial remedies – company assets

A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset.

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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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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references:


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