Legal Checklists

Procedural Guide This Procedural Guide explains the process for seeking an attachment of earnings order under the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010, SI 2010/2955, Pt 39, to enforce a maintenance order by directing deductions straight from a debtor’s earnings... Eligibility to apply Handling arrears exceeding 12 months Obligations of the employer and the debtor Where the judgment debtor is an employed individual, the judgment creditor may apply to enforce the judgment against the debtor’s wages or salary. If granted, the employer must make regular deductions from the debtor’s pay and remit those sums to the court. This is referred to as an attachment of earnings order ( AEO). See also Practice Note: Attachment of earnings order... FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings that began, but were not concluded, before 6 April 2016 (when...

This Procedural Guide explains how to pursue an application under section 14 of the Trusts of Land and Appointment of Trustees Act 1996 ( TOLATA 1996) by a trustee of land, or by a beneficiary with an interest in property held on a trust of land. It provides direction on: the threshold for bringing an application and the pre-action protocol Part 36 offers under the Civil Procedure Rules 1998 ( CPR), SI 1998/3132 evidential needs and the range of orders the court may make An application under TOLATA 1996, s 14 can be brought by a trustee of land or a beneficiary with an interest in property subject to a trust of land. In addition, any other person with an interest in that property, for example a mortgage company, has standing to commence a claim. The court enjoys a wide discretion to make directions about the...

Procedural Guide This Procedural Guide outlines the approach to applications made under section 17 of the Married Women’s Property Act 1882 ( MWPA 1882) or section 66 of the Civil Partnership Act 2004 ( CPA 2004), for spouses and civil partners, extended to former spouses, former civil partners and those previously engaged. MWPA 1882, s 17 and its civil partnership analogue allow the court to determine, in a summary fashion, disputes concerning title to or possession of property between spouses or civil partners. In practice, this route is seldom used given the extensive range of orders available under Part II of the Matrimonial Causes Act 1973 and CPA 2004, Sch 5. Applications may likewise be issued by former spouses and civil partners, and by individuals who were formerly engaged (technically, parties to a terminated agreement to marry or civil partnership agreement) within three years of the...

Procedure— Schedule 1 to the Children Act 1989 Unless an application seeks only periodical payments (ie no capital orders at all), an application under Schedule 1 to the Children Act 1989 ( Ch A 1989) will proceed in accordance with the standard procedure. In the same way, where a party applies to vary an existing order, the fast-track route is available only where the variation concerns a periodical payments order and no form of capitalisation is requested. See Practice Note: Fast-track (shortened) financial remedy procedure. An application under Ch A 1989, Sch 1 is issued in the Family Court and is allocated to a district judge. See Practice Notes: Procedure— Schedule 1 to the Children Act 1989 and Issuing financial proceedings in Form A (standard procedure). This Procedural Guide is primarily focused on applications proceeding under the standard...

If one party suspects the other has transferred assets to a third party to undermine their claims in financial remedy proceedings arising from divorce or dissolution of a civil partnership, they may seek relief under section 37 of the Matrimonial Causes Act 1973 ( MCA 1973) or the corresponding provision in the Civil Partnership Act 2004 ( CPA 2004). Any such transfer is a 'reviewable' disposition, enabling the court to examine it and, where appropriate, nullify it. The application can be brought either before, or after, the court has made an order in the substantive financial proceedings. The recipient third party must be added as a party to the case. Procedure is governed by the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, Pt 18. A financial application must be extant when asking the court to set aside. This requires a...

Procedural Guide This Procedural Guide explains the process for making an application under the Civil Procedure Rules 1998 ( CPR), in line with CPR 72 and CPR PD 72, together with the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, to enforce a liability owed to the debtor by a third party within the jurisdiction (formerly described as a garnishee order). It also provides direction on interim third party debt orders, duties of third parties, hardship payment orders, the evidence required and the range of orders the court may make and grant where appropriate. A third party debt order is an enforcement route enabling a creditor to recover sums, for example arrears of maintenance or a lump sum, from money payable and owed to the debtor by a third party within the jurisdiction. This encompasses funds held in the debtor’s name with a bank or...

Part III of the Matrimonial and Family Proceedings Act 1984 ( MFPA 1984) permits spouses who divorced abroad, and who retain a link with England and Wales, to apply for financial relief, provided specified criteria are met. Corresponding rules govern the termination of an overseas civil partnership (or an analogous status) by reason of Schedule 7 to the Civil Partnership Act 2004 ( CPA 2004). See also Practice Notes: Financial relief after overseas divorce—jurisdiction, grant of leave and legislative provisions; Financial relief after overseas divorce—court’s approach and case law; and Financial relief after overseas divorce—procedure too......

STOP PRESS: The Financial Remedies Guide 2026 Issued on 13 March 2026 by Mr Justice Peel ( National Lead Judge of the Financial Remedies Court) and His Honour Judge Hess ( Deputy National Lead Judge of the Financial Remedies Court), and approved by the President of the Family Division, this Guide supplants and replaces the following: the Statement on the efficient conduct of financial remedy cases allocated to a High Court judge whether sitting at the Royal Courts of Justice or elsewhere (1 February 2016) (the High Court judge level efficiency statement) the Statement on the efficient conduct of financial remedy hearings proceeding in the Financial Remedies Court below High Court judge level (11 January 2022) (the below High Court judge level efficiency statement) the Financial Remedies Court Primary Principles document (11 January 2022) the Notice from the Financial Remedies Court: electronic bundles (19 April 2022) and the...

This table provides an outline of the procedure where there is a probate claim For additional guidance, consult: Practice and procedure—contentious trusts and estates—overview, and Probate actions (probate claims)—overview. Issue of claim form ( CPR): where the Claimant is a child or a protected party, comply with CPR Part 21 regarding the appointment of a litigation friend ( CPR 21.1–21.6). The Claimant completes the claim form ( Form N2), retaining one copy for filing and further copies for service on each Defendant ( CPR 7.2, CPR 57.3). The claim form must set out the nature of the interest of the Claimant and of each Defendant in the deceased’s estate to which the claim relates ( CPR 57.7(1)). Particulars of claim can appear within the claim form, or be served separately ( CPR 7.4(1)(a)). For a claim seeking revocation of a grant: every person entitled, or asserting...

Probate practitioners can obtain a grant of representation for the personal representatives ( PR) of a deceased estate in two ways: via post, using application form PA1P (if there is a Will) or PA1A (if there is no Will), or online, through the My HMCTS application service However, the method is not always optional. With effect from 2 November 2020, the Non- Contentious Probate Rules 1987, SI 1987/2024 ( NCPR 1987) are amended by the Non- Contentious Probate ( Amendment) Rules 2020, SI 2020/1059 ( NCPAR 2020). After the end of the transition period on 11 January 2021, professionals must submit most straightforward probate applications using the online process rather than by paper. Schedule 3 to NCPR 1987, SI 1987/2024 sets out the exceptions, under which the postal route remains permitted as an alternative to the online process, and this includes all...

Testamentary capacity Oliver v Oliver [2024] EWHC 2289 ( Ch) – News Analysis: Will overturned for want of testamentary capacity and undue influence ( Oliver v Oliver). This judgment is an uncommon instance of a successful attack on a professionally drafted Will for both incapacity and coercion, even where the court had a recording of the testator’s instructions and the GP had issued a supporting certificate. Despite those formalities, the court concluded the Will should be set aside on both grounds. Alexandra Rogers, managing associate at Foot Anstey LLP. Leonard v Leonard (by her litigation friend Sharon Thompsett) [2024] EWHC 321 ( Ch) – News Analysis: High Court offers guidance on the test for testamentary capacity ( Leonard v Leonard). The High Court examines and clarifies Banks v Goodfellow, and underscores the continuing importance of expert evidence in capacity disputes. It...

This Checklist This Checklist sets out the main considerations before launching a prize promotion, prize competition, or a prize draw in Great Britain. See also the Practice Note: How to run a prize promotion. At the outset, ensure any advice confirms the activity is not an unlawful lottery under the Gambling Act 2005 ( GA 2005) and that it meets the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing ( CAP Code). These matters are explored in detail in Practice Note: Prize promotions. This Checklist also contains an optional section for operators that have signed, or are thinking of signing, the Voluntary Code of Good Practice for Prize Draw Operators ( Voluntary Code), issued by the Department for Culture, Media and Sport ( DCMS) on 21 November 2025 (see: LNB News 20/11/2025 30). Founding signatories must bring the Voluntary Code...

These are indicative pointers only, as each criminal investigation will depend on its particular facts. This checklist should be read alongside Practice Notes: Legal Professional Privilege in criminal proceedings and Maintaining privilege during criminal investigations. Confidentiality is paramount and must be preserved. If a document or communication was not confidential when created, or later ceases to be confidential, it will generally not benefit from Legal Professional Privilege ( LPP). To assert privilege, consider carefully whether you rely on legal advice privilege or litigation privilege, as different factors apply to each... Steps to maintain legal professional privilege At the outset If the client seeks advice before a criminal investigation begins: Legal advice privilege Assess whether legal advice privilege applies, namely: is the communication confidential? ( If yes) is the...

In a private equity-backed management or leveraged buyout, the principal documents fall into three main groups: Acquisition documents — these set the terms of the purchase between the seller and the buyer (ie newco) Equity documents — these set the terms of the equity investment and govern the relationship between the investor/s and management Finance documents — these cover the provision of the debt facilities and any related facilities (for example, a revolving credit facility for working capital) Acquisition documents Heads of terms (acquisition) The heads of terms, kept to a short form, provide a high-level summary of the parties’ expectations, shared understanding and agreement on the key terms of the intended acquisition. They are signed at the outset of the deal once the parties have aligned on the principal points and before the investor incurs costs on due diligence and the...

A limited company is permitted to repurchase its own shares where the criteria in the Companies Act 2006 ( CA 2006) are satisfied. Such transactions are known as share buybacks, or purchases by a company of its own shares. Alongside the CA 2006 provisions, additional rules and guidance can apply to a listed company or to an AIM company. A private limited company may effect a buyback out of capital in accordance with CA 2006, Pt 18, Ch 5 ( CA 2006, ss 709–723), subject always to any restriction or prohibition contained in the company’s articles of association. For private companies, repurchases are undertaken solely off-market, and accordingly this checklist does not cover on-market buybacks. For an introduction to share buybacks, including an outline of the differences between an off-market share buyback and an on-market share buyback, see Practice Note: Share...

A limited company can repurchase its own shares where the requirements of the Companies Act 2006 ( CA 2006) are met. This is termed a share buyback, or a purchase of own shares. Beyond the CA 2006, additional rules and guidance are relevant to a listed company or an AIM company. A private limited company may only carry out an off‑market buyback; accordingly, this checklist does not cover on‑market buybacks. For an overview of share buybacks, including how off‑market and on‑market buybacks differ, see Practice Note: Share buybacks—the legal framework. Preliminary issues Before proceeding with a buyback, a private limited company should work through several preliminary points and may need to complete certain preparatory steps. For more detail, see Practice Notes: Private company share buybacks—initial considerations and Tax issues on share buybacks for corporate lawyers. Articles of association and shareholders'...

In brief In summary, UK data protection rules exist to make sure details about living people — captured as 'personal data' — are handled lawfully, fairly and responsibly. To achieve this, the United Kingdom General Data Protection Regulation, Assimilated Regulation ( EU) 2016/679 ( UK GDPR) places a range of obligations on anyone 'processing' personal data, and on the controllers supervising that processing, when they fall within the scope of the UK GDPR regime. The UK GDPR also confers rights on individuals whose personal data is handled (the 'data subjects'). ' Processing' covers practically any operation performed on personal data, meaning doing almost anything with it, such as storing, sharing, deleting, or using it. It is almost impossible to run a business or other organisation without processing personal data. Among other requirements, the controllers of personal data processing must provide information to data subjects, to make sure they are...

In brief In summary, EU data protection rules are designed to ensure information about living people, within the meaning of ‘personal data’, is used fairly and responsibly. To help ensure that aim, the EU’s General Data Protection Regulation, Regulation ( EU) 2016/679 ( EU GDPR), sets numerous obligations on those ‘processing’ personal data, and on the controllers overseeing such processing, whenever they fall within the scope of the regime. The rules also grant rights to individuals whose personal data is processed (the ‘data subjects’). ‘ Processing’ covers doing almost anything with personal data, including storing, sharing, deleting or using it in practice. Operating a business or any other organisation without handling personal data is virtually impossible. Among other requirements, the controllers of personal data processing must provide certain information to data subjects, so they know why their personal data is being...

A: Scope of price transparency regime Assess whether the services you provide fall within the price transparency regime. Note: The transparency obligations apply only to services you publish as available from your firm, i.e. those you clearly advertise or offer. Whether or not you fall within the regime, all firms must meet the complaints and regulatory transparency duties—see section: C: Complaints and regulatory transparency. Services to individuals Requirement: Confirm whether you deliver residential conveyancing services to individuals, that is, the conveyance of residential real property or real estate, comprising: freehold or leasehold sales or purchases mortgages or remortgages See Practice Note: Price and service transparency—law firms— Residential conveyancing. Compulsory Comments: You must identify whether you provide these services to...

Checklist This Checklist covers key points practitioners should weigh up when reviewing price promotions. Such activity could include free extra volume or money-off offers, among other common mechanics. It reflects requirements set out in the Competition and Market’s Authority guidance, Price transparency: CMA209 ( Price Transparency Guidance). For more detail, see Practice Note: Promotional marketing and price claims. As you progress through the Checklist, the third column can be used to note observations or comments. Basic issues to consider for price and value promotions Is the promotion a bona fide price reduction or an increase in volume running for a specified period? Marketers and traders should retain relevant evidence to show the claim is authentic. Is the promotion presented clearly and not misleading? Include all qualifications, restrictions or other limitations that affect availability. Link to relevant terms and conditions for further detail, but do not rely on them for...