The Practical Lawyer


Children – surrogacy

The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 came into force on 3 January 2019.
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Children – fact finding

This is a distressing case in which both birth parents were found to carry a high measure of responsibility for serious parental failures. 
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Children – parental responsibility; removal of

In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR. 
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Financial remedies – judicial separation and divorce

An order made in judicial separation proceedings was not intended to cover any subsequent divorce. 
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Financial remedies – prenuptial agreements

This was a case in which the parties had entered into three separate prenuptial agreements before their 2000 marriage.
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Divorce – online system

Practitioners will note that a new pilot Family Procedure Rules 2010 Practice Direction has been issued by the FPR Committee and is now effective, covering the next stage of the online divorce system. 
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Financial remedies – sharing principle

What’s the correct approach to the sharing principle? This was the issue in W’s appeal where H cross-appealed against a financial remedy order. 
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Procedure – publication; care proceedings

In this case in the High Court, Sir James Munby ruled on an application for reporting restriction orders in care proceedings brought by the LA in relation to two children. 
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Children – adoption; welfare principle

It was not appropriate for the LA to notify the father of a birth when a very young mother wanted the baby to be adopted. 
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Child protection – EU and Brexit

The author, a legal adviser for non-governmental organisation Children and Families Across Borders, gives her perspective on what may happen to pan-European child protection after Brexit where there are disputes about their care.
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Disputed will – guidance; procedure
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What should you do if asked for correspondence and other documents in relation to a will you prepared for a client who has since died?  Read more...
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Many litigators are no doubt all too aware of the Ministry of Justice (MoJ) January 2019 IT failures that hit the delivery of frontline legal services in some courts.  Read more...
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We noted the RICS Code of Practice on service charges in our October 2018 issue, p19; the ‘Service Charges in Commercial Property (1st edition)’ comes into force on 1 April 2019. Read more...
Notice of severance – rectification?
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A recent case reminds practitioners of the importance of ensuring that a notice of severance accurately records all of the titles intended to be severed. Read more...
Children – parental responsibility; removal of
Wednesday, 13 February 2019
In what circumstances might the court order the removal of PR from the father? The author comments on a recent case which involved a unique set of circumstances justifying the removal of PR.  Read more...
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The CA has held that an incompetent process does not amount to discrimination. Read more...
Sentencing – contempt of court
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The Court of Appeal has ordered a new trial in relation to a claimant remanded to prison overnight for discussing evidence in a civil case.  Read more...


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