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CA case – requests for clarification

March 2024 | Procedure

The CA has heard a case in a family context which has much wider implications for litigators. The CA summarised the position thus: ‘1. In this appeal, brought by a local authority against findings made in care proceedings concerning a small boy, hereafter referred to as Y, this Court is confronted again with a case …

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Procedure – parental responsibility agreements

March 2024 | Family

Where a ‘connected’ person wants PR for a child and M agrees, they must complete a parental responsibility agreement and take it to the family court for witnessing. Practitioners should note that HMCTS has updated Forms C(PRA1) and C(PRA2) for the witnessing by the court of these agreements, with additional information about the original certificates …

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Consumer Code for Homebuilders – updated

March 2024 | Conveyancing

Practitioners dealing with new-build properties should be aware of the content of the Consumer Code for Homebuilders. The Code is designed to help consumers know what level of service to expect from a developer and it provides a free dispute resolution scheme. Many of the main home warranty providers require developers to adhere to the …

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Paternity leave – changes

March 2024 | Employment

Employment practitioners are reminded that changes are being made to the way that paternity leave and pay can be claimed and taken. These changes will come into effect for fathers and partners from 6 April 2024; however, employees can start informing their employers from 8 March 2024 of the dates they are going to take …

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ET1 admin error – out of time

March 2024 | Employment

The EAT has heard a case that will strike fear into the hearts of all litigators: one involving the expiry of the limitation period. The case summary is as follows: ‘The Claimant was dismissed by the Respondent and sought to bring a number of claims against him including unfair dismissal. She submitted an ET1 on …

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HMLR – PG63

March 2024 | Conveyancing

HMLR has updated PG63 (the land charges registers and agricultural credits register). These are niche areas – so it is important to stay on top of updates. This guide has been updated to reflect the withdrawal of the fax service previously available; to clarify HMLR practice on certain points, particularly on the cancellation of land …

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Financial remedies – procedural fairness

March 2024 | Family

If a court grants permission under s13 MFPA 1984, having heard only the applicant and without notice, the other party has an absolute unfettered right to apply to have the order set aside. The applicant still has the burden of showing ‘substantial ground’ for making the application. The parties married in Russia in 1983 where …

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Expert reports – CPR changes

March 2024 | Procedure

The Civil Procedure (Amendment) Rules 2024 come into force on 6 April 2024. The Rules clarify that when a case is on the intermediate track, any expert’s report shall not exceed 20 pages: including the expert’s description of the issues on which they are instructed to give their opinion, the conclusions they have reached and …

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HMLR – ID forms

March 2024 | Conveyancing

Note that HMLR has made a few changes regarding the ID forms. Form ID4 (certificate of identity for a body corporate where the certifier is a non-conveyancer) has been withdrawn. It has also reduced the list of non-conveyancers permitted to certify Form ID3 (certificate of identity for a private individual) and withdrawn their ability to …

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Protected beliefs – Equality Act

March 2024 | Employment

The ET has heard a case that has been widely reported in which a claimant’s anti-Zionist beliefs qualified as a philosophical belief and as a protected characteristic pursuant to s10 Equality Act 2010 at the material times. The Courts and Tribunals Judiciary case summary is as follows: ‘The claimant was employed by the respondent from …

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