Practitioners should note that for public law proceedings, the Guidance on Preparation of Electronic Bundles has been suspended with immediate effect. It will continue for private law and financial remedy proceedings. The President of the Family Division said the guidance is to be referred to the FPR Committee for possible revision in due course, but …
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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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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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After an eight-month-old girl was seriously injured at home, care proceedings began in relation to her and her two young siblings. In its threshold document, the LA alleged the injuries were likely to have been caused during an abusive ‘shaking’ incident. The list of possible perpetrators consisted of six female family members who were at …
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The court has strictly upheld time limits set out in an order and refused an application by T’s daughter (D) to propound a will. D failed to issue her claim in time to comply with an unless order issued by the district registrar. Under the terms of the order, she was required to serve proceedings …
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Of significance to most practitioners involved with leasehold matters is the guidance on the Building Safety Act 2022 which the Law Society finally produced on 14 February 2024. The guidance contains key terms and definitions, scenarios and FAQs. The Law Society’s introduction is as follows (the entire guidance must surely be required reading for all …
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Property practitioners should note the government’s proposed changes to short-term lets, often referred to as ‘Airbnb’-type lets. A change to planning rules is proposed to try to limit the short-term letting of homes. The headline points are: planning permission will be required for future short-term lets; a mandatory national register will provide valuable information and …
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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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T died in 2016 aged 85, a year after making a will. Following a challenge by her three sons, the court found the will was invalid because of undue influence exercised by the daughter (R). R’s appeal succeeded. In 2009, T had a heart attack and R moved in with her and became her main …
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The government has announced a consultation on proposed changes to the CPR: Court Documents Consultation – Access to Court Documents by Non-Parties: proposed new CPR 5.4C. The proposed reforms flow from the UK SC judgment in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38 (see below). The proposed changes to CPR Rule 5.4C would …
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