Protecting a charging order is important and therefore any application to HMLR must be made promptly and correctly. An interim or final charging order that charges the legal estate may be protected by the entry of a notice in the register. A charging order that charges a beneficial interest under a trust of land cannot …
Continue reading “HMLR – PG76”
This is an important but unusual case raising a novel point of legislative interpretation which appears not to have previously arisen, but with potentially significant consequence for families. Under ss37(1) CA 1989: ‘Where, in any family proceedings in which a question arises with respect to the welfare of any child, it appears to the court …
Continue reading “Procedure – interim orders; non-subject children”
PG19 (Notices, restrictions and protection of third-party interests) is a very important practice guide for property practitioners. The anti-fraud restriction (Form LL) is also important. HMLR has updated sections 3.1.5.8 and 3.7.2 of PG19 to clarify HMLR’s requirements for compliance with, or removal of, a Form LL or company counter-fraud restriction by an insolvency practitioner, …
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M successfully appealed a decision dismissing her application for the return of the parties’ younger daughter G (14) from the US. G and F travelled to the US in August 2024 as permitted by a consent order which allowed F to permanently relocate to the US with both the parties’ daughters. In the event, the …
Continue reading “Return Orders – habitual residence”
Magistrates had wrongly concluded that lack of service of a non-molestation order (NMO) meant an offence under s42A Family Law Act 1996 could not be made out. The NMO in question was made in November 2023, prohibiting R from being present between 0730 and 1630 at a road on which a named child’s school was …
Continue reading “Breach of NMO – when effective?”
A Hadkinson order prevents a party from continuing in litigation until they have complied with its terms. Unlike an unless order, no application for relief from sanctions would have to be made upon satisfaction of an LSPO. In this case, a financial remedies ruling in November 2023 turned out to be just another step in …
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Two new sentencing guidelines are now in force for offences of blackmail, kidnap and false imprisonment. The guidelines came into effect on 1 April 2025 and concern: blackmail under s21 Theft Act which is triable only on indictment and carries a maximum custodial sentence of 14 years; and kidnap/false imprisonment at common law, also triable …
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The CA has heard an appeal concerned with whether a boundary agreement binds successors in title and whether, if it is capable of doing so, it only binds them if they have knowledge of the agreement. The case involved a dispute regarding a boundary agreement between two properties, Willow Cottage and The Old Stores. In …
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One of the most talked about cases of recent times could be included in a number of sections of this edition, but as the implications of the SC’s decision on the definition of a woman for the purposes of the Equality Act 2010 has particular relevance for employers, their policies, procedures and advisers, this seems …
Continue reading “SC – definition of a ‘woman’”
Just a reminder to firms that the CLC reported in 2024 on changes to payments systems designed to help tackle fraud. Purpose Codes are four letter codes which are carried across the payment chain, providing information to all users in the payments chain to indicate the reason a payment is being made. Firms are reminded …
Continue reading “Purpose codes – a reminder”