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Procedural Guide This Procedural Guide explains the actions required for cases lodged with the court on or before 5 April 2022 for an uncontested divorce (a request for a matrimonial order) under the Matrimonial Causes Act 1973 (MCA 1973), where the divorce is progressing by non-electronic means, namely a paper-based process (on paper). It provides guidance on who may seek a divorce, irretrievable breakdown, the lodging and service of the divorce petition (Form D8), and the filing of an acknowledgement of service. It further sets out the evidence that must be supplied to establish the fact relied upon, the steps for seeking decree nisi and submitting the supporting statement, decree absolute, and the rules in relation to costs in divorce proceedings... The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Matters issued by the court on or after 6 April 2022 are governed by DDSA 2020 and the procedural changes introduced by the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955....
Procedural Guide This Procedural Guide explains the process to follow for an application to dissolve a civil partnership, in an undefended matter under the Civil Partnership Act 2004 (CPA 2004), for proceedings issued before 6 April 2022. It provides direction on: who can apply irretrievable breakdown service of the petition filing an acknowledgement of service It further outlines the evidence required to prove the relied-on fact, making an application for a conditional order of dissolution, obtaining the final dissolution order, and the approach to costs. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) took effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural changes under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more information, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue in...
Green Lane Association Ltd v Central Bedfordshire Council [2025] EWHC 2251 (Admin) What are the practical implications of this case? The Aarhus costs protection scheme in CPR 46, Pt IX limits the adverse costs exposure of unsuccessful claimants in “Aarhus Convention claims”. The first real-world consequence of this judgment is the High Court’s renewed emphasis on the rigidity of the relevant procedural requirements where defendants intend to dispute either the availability of costs protection or, if it applies, the appropriate ceiling on adverse costs. If a defendant neglects to contest a claim’s Aarhus status in its acknowledgement of service, any later bid to revisit that point will be tested against Denton, and such attempts will be on the back foot, particularly in the absence of a cogent justification. The second consequence is that, following the interpretation of “Aarhus Convention claim” and “provision of national law relating to the environment” in HM Treasury v Global Feedback [2025] EWCA Civ 624, statutory challenges to the making of experimental (and other)...
R (on the application of Amalgamated Smart Metering Ltd) v Rotherham Metropolitan Borough Council [2025] EWHC 97 (Admin) What are the practical implications of this case? The court underscored that allowing extra time to bring a late judicial review is exceptional, not routine. Such extensions are seldom permitted. The court emphasised that any delay must be rigorously justified. Clear, prompt steps and proof of urgency are essential. Equilibrium between private rights and orderly public administration is central. This framework directs the court’s discretion in planning claims. The ruling also distilled two key points for planning judicial reviews issued after the six weeks challenge period. First, it reaffirmed the court’s approach to extensions set out in Thornton Hill Hotel: the claimant must demonstrate they acted with the greatest possible celerity in issuing a claim; and the court must strike a fair balance between the interests of the developer, the claimant, and the wider public interest. The latter public interest enquiry asks whether harm to good administration in planning law weighs...
WH Holding Ltd v E20 Stadium LLP [2024] EWHC 817 (Comm) What are the practical implications of this case? This decision offers practical appellate guidance on the criteria for a court to order, under CPR 5.4C(4), limits on a non-party’s access to statements of case placed on the court file. It explains the basis and approach the court should take. Parties applying to curtail access to statements of case (or non-parties contesting such curbs) should bear in mind the following: The starting position, founded on the open justice principle, is that non-parties ought to obtain access to statements of case once the defendant has lodged an acknowledgement of service or a defence Whether there has been any judicial engagement in the proceedings at the time of the application is immaterial...
This Practice Note This Practice Note sets out the actions a respondent should take once served with an application for a matrimonial or civil partnership order in proceedings begun under the Divorce, Dissolution and Separation Act 2020 (DDSA 2020). It specifies the deadline for filing the acknowledgement of service, clarifies when a case is disputed, and explains the 20‑week period. It also describes the route for an applicant (or joint applicants) to request a conditional order. DDSA 2020 came into effect on 6 April 2022. Proceedings issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by the procedural amendments in the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010). For more on the reforms introduced, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Proceedings issued by the court on or before 5 April 2022 will continue in line with the pre‑DDSA 2020 framework, whether submitted through the His Majesty’s Courts and Tribunals Service (HMCTS) online service or using...
This Practice Note outlines a standard schedule for starting civil claims in practice. A vertical comparison likewise offers direction on the steps parties should weigh when considering issuing proceedings in the courts of England and Wales. It highlights usual sequencing and the principal considerations for parties preparing cases. Typical timeline in civil proceedings Notes Note 1 Cause of action When evaluating the strength of the dispute, court litigation is a route to secure a remedy against the other side, and neither statute nor contract compels a different path. Note 2 Pre-action Parties are urged to attempt settlement before issuing, including by using alternative dispute resolution (ADR). Observance of a pre-action protocol is required (eg sending a letter of claim). Considering pre-action measures, such as freezing injunctions or pre-action disclosure applications, is also available. Note 3 Issuing proceedings The claim form and particulars of claim are commonly issued electronically and served on the defendant(s) by a method mandated by the Civil Procedure Rules...
Practice Note This Practice Note sets out the paperwork that must be filed when commencing proceedings for a decree of nullity (that is, an application for a matrimonial order). It applies to relevant applications issued before 6 April 202. It also explains steps where the marriage certificate is unavailable. It highlights the core documents, including the notice of proceeding and the acknowledgement of service. From 6 April 2022, the Divorce, Dissolution and Separation Act 2020 (DDSA 2020) came into force. Although DDSA 2020 does not alter the substantive law on nullity proceedings, it brings consequential procedural changes under the amended Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, affecting both applications for nullity and nullity of marriage orders issued on or after 6 April 2022. The amendments chiefly concern terminology, refreshed forms, and provisions relating to service. These updates apply to applications issued on or after that date...
[ Divorce OR Dissolution ] Dear [ insert client’s name ] I can confirm the court has now issued the application and it has been duly served on your [ husband OR wife OR civil partner ]. Please find enclosed a copy of the issued application for your records. The following step is for your [ husband OR wife OR civil partner ] to submit an acknowledgement of service within 14 days, starting on the date the application was served. Accordingly, if they are using the online system, the acknowledgement of service must be filed by [ insert date ]. If they are not using the online system, we will then be notified of the date by which they are required to lodge the acknowledgement of service. [ As your [ husband OR wife OR civil partner ] is outside England and Wales, this period is extended to [ insert date ]....
[ To be printed on the employer’s headed paper ] [ Date ] Dear [ insert name of employee ], Your resignation I am writing on behalf of [ insert name of employer ] (the Company) to confirm receipt of your resignation letter dated [ insert date ] [ , which was addressed to [ enter name of recipient of resignation letter, if different from the writer of this letter ] ]. In line with your [ service agreement OR contract ], you must provide [ number ] [ weeks’ OR months’ ] notice. Accordingly, your final day of service with the Company will be [ insert date ]. The Company presently intends to require you to work your notice period, and I will advise you if this position changes. [ You should, therefore, continue to attend for work as usual unless instructed otherwise. ] [ [ In accordance with the terms of your [ service agreement OR contract ], you are required to OR The Company...
Notice to employees of change of employer—private M&A—asset purchase With effect from [ insert date of acquisition ], the [ part of the ] [ insert name of the business being acquired ] business you work in transferred as a going concern to [ insert buyer name ]. Under the Transfer of Undertakings (Protection of Employment) Regulations 2006, you automatically became an employee of [ insert buyer name ]. Your terms and conditions remain those you had with [ insert seller name ], and your rights [ other than those relating to your occupational pension ] are unaffected. Your continuity of service is preserved; only your employer’s name has changed. [ The employee information held by [ insert seller name ] has also transferred to [ insert buyer name ]. ] Please sign and return the enclosed duplicate to acknowledge receipt. Queries: contact [ insert name and details of the person to be contacted ]. Yours sincerely,_________for and on behalf of [ insert buyer name...
Money Claim Online is available for issuing claims for a defined monetary amount below £100,000, excluding interest and costs. The approach to costs mirrors that applied to any other claim brought under CPR Part 7. The fixed costs regime A claim falls within the fixed costs regime where no acknowledgement of service or defence is lodged, or where the defendant admits the claim. In that situation, the claimant may seek judgment through Money Claim Online by submitting the online request form. Once judgment is entered, the claimant’s legal representative is entitled to the fixed costs under CPR 45.4, as listed in Table 2 of CPR 45, which, for a claim over £5,000, range from £30 to £70 depending on the circumstances in which judgment is obtained...
To persuade the court to grant a decree nisi, proof that the application for a matrimonial order has been duly served is required. Ordinarily, this can be shown by producing the acknowledgement of service filed in the divorce proceedings. If the respondent does not return an acknowledgement of service or lodge any documentation, the petitioner must establish service. The petitioner may choose to arrange personal service of the petition on the respondent and any co-respondent. Where, after personal service, no acknowledgement of service is filed by the respondent, the person who effected service must file a certificate of service stating the precise date and time of that personal service. That certificate should be completed in Form FP6. If an application has been served on a respondent, no acknowledgement of service has been returned to the court office, and the court is satisfied that the said respondent has received the application, the court may direct that the application is deemed served (Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 6.16(1))...