Emergency procedures

The legal costs position in probate claims The cost landscape in probate disputes is frequently misconstrued. This Practice Note addresses: the costs position in proceedings challenging the validity of a Will, and applications under the Inheritance ( Provision for Family and Dependants) Act 1975 ( I( PFD) A 1975) The starting point-the general rule A widespread myth is that the estate routinely meets the litigation costs. That is wrong. CPR 44.2 governs both probate proceedings and I( PFD) A 1975 claims. The usual rule is that costs follow the event. A losing party will ordinarily be ordered to pay some or all of the successful party’s costs ( CPR 44.2(2)), subject to the court’s discretion. The court may exercise that discretion by assessing conduct. Conduct ( CPR 44.5) covers behaviour before and during the claim, including the extent of compliance with any...

This Practice Note offers a hands-on overview of the first actions a deputy should take once appointed. Checking and understanding the deputyship order The deputy must review the deputyship order and become fully acquainted with its terms, so they know precisely which decisions they are authorised to make for the protected person ( P). If any mistakes are identified, they should be put right without delay. Minor slips, such as a misspelt name, can usually be dealt with informally through the Court of Protection; however, more significant errors should be addressed by lodging a COP9 application within the proceedings. If the deputy does not alert the court to any errors within 21 days of the date the order was sent to them, they may have to pay for a further application to remedy the issue. Common decisions covered by health and welfare orders...

This Practice Note This Practice Note outlines the functions of the Family Court, or a judge of the Family Court, that a justices’ legal adviser may perform under the Family Procedure Rules 2010 ( FPR 2010), as set out in FPR 2010, PD 2C. From 6 April 2020, ‘justices’ legal adviser’ replaced the former term ‘justices’ clerk’ in the FPR 2010. In England and Wales, a justices’ legal adviser has a pivotal role in supporting the Family Court. They are authorised to undertake a variety of functions, subject to specified exceptions and restrictions. The functions of the Family Court, or of a Family Court judge, that can be carried out by a justices’ legal adviser are prescribed in FPR 2010, PD 2C, and are subject to certain limitations; see Practice Note: The Family Court-judicial allocation- Functions of the different levels of the Family Court...

This Practice Note This Practice Note explains the statutory duty in section 25 of the Matrimonial Causes Act 1973 ( MCA 1973) and in Schedule 5, Part 5 of the Civil Partnership Act 2004 ( CPA 2004), requiring the court, on an application for a financial order, to evaluate the parties’ income and earning potential. It also outlines how to assess income figures, the position of primary carers, choices about employment, income in the past and future, those who are out of work, and earning capacity. Under MCA 1973, s 25(2)(a), the court is obliged to consider each party’s income, earning capacity, property and other financial resources available now or likely to arise in the foreseeable future, including, in relation to earning capacity, any enhancement it would, in the court’s view, be reasonable to expect a party to take steps to obtain. A...

The Convention of 1 June 1970 on the Recognition of Divorces and Legal Separations (the 1970 Hague Convention) The 1970 Hague Convention sets out how divorces and legal separations are recognised in a contracting state when the decree was granted in another contracting state, provided the proper legal process of the state of origin was followed. From 31 January 2020 (exit day), the UK left EU membership and ceased participation in the EU’s political institutions and governance structures. Under the transitional provisions in Part 4 of the Withdrawal Agreement, exit day began an 11‑month implementation period (from 11 pm on exit day until 11 pm on 31 December 2020 (implementation period ( IP) completion day)) during which the UK and the EU agreed the UK would be treated as a Member State for the purposes of international agreements. The...

This Practice Note outlines the principal areas of family law, providing an entry point to practical guidance for experienced family practitioners, and doubling as a training aid for those new to the field, including trainee solicitors and paralegals. It signposts practical guidance across a range of topics, with introductory notes and navigation to resources such as Practice Notes, Procedural Guides, Client Guides, Precedents, Flowcharts, Forms and Calculators. Alongside directing users to key aspects of family law practice, it introduces the following common areas (in alphabetical order): Cohabitants Divorce and dissolution of civil partnership (applications issued before 6 April 2022) Divorce and dissolution of civil partnership (applications issued on or after 6 April 2022) Domestic abuse Financial applications Marital/civil partnership agreements Private children Public children Key aspects of family law...

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...