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Procedure – express financial remedy pilot

July/August 2025 | Family

The new Express Financial Remedy Pilot Scheme (PD36ZH) came into effect in April and will run for a year (to 3 April 2026). PD36ZH supplements r36.2 FPR. The aim is to streamline lower-value financial cases. Applications for consent orders are excluded from the pilot. Where the parties’ combined net matrimonial assets are worth less than …

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Evidence – expert witnesses

July/August 2025 | Family

When will the court order an expert witness to attend court to give oral testimony under FPR r25.9(2)? In this case, a very young baby (B) was the subject of care proceedings after being admitted to hospital with brain injuries. M said F had searched online for ‘shaken baby’ after winding B forcefully. The paternal …

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EAT – DDA and extending time

July/August 2025 | Employment

The EAT has heard an appeal in which it is considered whether it was just and equitable to extend time. The case summary is as follows: ‘Practice and procedure At a preliminary hearing listed to deal with time limits, an employment judge held that the claimant’s claim of unfair dismissal was out of time because, …

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Credit hire – costs

July/August 2025 | Procedure

The CA has heard a case which is of significance to the county court workload – the issue being neatly summarised by Birss LJ thus: ‘1. If a credit hire case fails, when and in what circumstances should the non-party credit hire company be made liable for the defendant’s costs? That is the question in …

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Procedure – covert recordings; children

June 2025 | Family

New guidance on the use of covert recordings in children proceedings has been published by the Family Justice Council. The guidance is aimed at both professionals and LIPs and comes against the background of an increase in covert recordings by private individuals in family proceedings. The FJC says there is a need for clear guidance, …

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Children – fact-finding of injuries

June 2025 | Family

The LA successfully appealed a finding that a baby’s injuries occurred during an assault by F on M, rather than a subsequent event before a second admission to hospital. The child (C), the youngest of five children, suffered severe head injuries in November 2023 at just three weeks old. The parents gave differing and changing …

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Charities – paying trustees

June 2025 | Wills, probate and administration

Practitioners advising charities and trustees will be interested in new regulatory guidance on paying trustees. The Charity Commission has published what is calls ‘redesigned’ guidance on paying voluntary trustees. Charity trustees, and connected persons, must not be paid by the charity unless it is clearly in the charity’s best interests, the guidance has clarified. It …

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HMRC – interest rates

June 2025 | Tax

HMRC’s interest rates on underpaid and overpaid tax and duties are linked to the Bank of England base rate. On 8 May 2025, the BOE base rate was cut by 0.25 percentage points, to 4.25%. HMRC has updated its guidance to include the new rates applying from: 19 May 2025 for the purpose of corporation …

HMRC – avoiding CGT

June 2025 | Tax

HMRC has issued a warning which is of interest to BTL investors and their advisors. HMRC states: ‘HMRC is aware of a tax avoidance scheme being marketed to landlords, which enables them to transfer their property business to a company using a Limited Liability Partnership (LLP), to save Capital Gains Tax. HMRC’s view is that …

LAA – data breach

June 2025 | Professional

The LAA’s online digital services were subject to a cyber attack on 23 April. Affected firms will be all too aware. The LAA states: ‘On Friday 16 May we discovered the attack was more extensive than originally understood and that the group behind it had accessed a large amount of information relating to legal aid …

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