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Procedure – unnecessary litigation

November 2020 | Family

Common sense should have prevailed in a case where several unnecessary court applications had been made – using up court time which should be reserved for serious matters. HHJ Wildblood QC was highly critical of the amount of time being taken up in a case in which a key issue for the court concerned a …

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Covid-19 – children

November 2020 | Family

Family practitioners will be interested in a new briefing note from the Commons library. It provides information on the key questions arising out of Covid-19 on separated families, maintenance arrangements and access to children. It addresses issue such as: Can children move between the homes of separated parents? Rules regarding children required to self-isolate. How …

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Procedure – application to stay or vary orders

November 2020 | Family

FPR 4.1(6) was not the right procedural route for setting aside or varying applications pertaining to final financial remedy orders – the correct procedure is FPR 9.9A. In this case, three applications before the High Court arose in proceedings which concerned the enforcement of a debt H owed to W: W’s application for disclosure in …

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Cohabitees – pensions

November 2020 | Family

The Supreme Court issued a declaration that s39A Social Security Contributions and Benefits (Northern Ireland) Act 1992 is incompatible with article 14 ECHR (as read with article 8) in precluding any entitlement to widowed parents’ allowance (WPA) by a surviving partner of the deceased where they had been married or in a civil partnership. In …

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Furlough fraud – manage the risk

November 2020 | Employment

Employers could face ET claims and HMRC penalties if they have any employees who have worked during furlough. A useful article considers steps employers can take to rectify errors. One of the key requirements of the Coronavirus Job Retention Scheme (CJRS) is that employees on furlough leave cannot work for their employer. If an employee …

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