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Procedural Guide: Applications for Child Arrangements Orders under section 8 Children Act 1989 This Procedural Guide outlines the procedural steps for applying under section 8 of the Children Act 1989 (ChA 1989) for a child arrangements order (CAO). It covers eligibility to apply, pre-action obligations including attendance at a mediation information and assessment meeting (MIAM), the court’s guiding principles, and provisions for non-court dispute resolution (NCDR). It also addresses service requirements and the criteria for without notice (ex parte) applications. Allocation, gatekeeping and safeguarding processes are explained, together with what may occur at the first hearing dispute resolution appointment (FHDRA) and the dispute resolution appointment (DRA), as well as the approach to fact-finding hearings, vulnerable witnesses and the final hearing. A CAO is one of the orders available to the court under ChA 1989, s 8. It is an order concerning: with whom a child is to live, spend time or otherwise have contact, and when a child is to live, spend time or...

Note: As of 1 October 2023, the CPR has been updated to broaden the scope of fixed recoverable costs. These changes apply where the cause of action arises on or after 1 October 2023 (typically the accident date). For the version of Part 45 that applied before 1 October 2023, see: Can more than fixed costs be recovered? London weighting A 12.5% uplift to fixed costs applies if the claimant resides or works, and the instructed solicitor practises, within one of the London areas identified in CPR 45. Other circumstances For direction on other situations where recovery beyond fixed costs may be possible, see Practice Note: Fixed costs in road traffic accident claims. Children Distinct fixed costs apply to infant approval hearings, known as Type C fixed costs. The schedule for fixed costs under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (the RTA protocol) appears at Table 10 in CPR PD 45. See Practice Note: Fixed costs in...

SM&CR Compliance—Checklist Note: On 15 July 2025, the government announced the Leeds Reforms, which include plans to streamline the SM&CR. At the same time, the PRA and FCA published consultation papers CP18/25 and CP25/21. The regulators propose a two-stage reform, with Phase Two to follow, subject to legislative changes under HM Treasury consultation. Final Phase One requirements are expected mid-2026, with any Phase Two consultations dependent on HMT legislation. See News Analysis: Reform of the SM&CR—Proposals and next steps. Overview The Senior Managers and Certification Regime (SM&CR) is the UK framework governing individuals working in financial services. It aims to widen personal liability, prioritising senior management accountability and fostering a firm-wide culture of responsibility to reduce consumer harm and reinforce market integrity. The regime comprises: Senior Managers Regime (SMR) – ensures Senior Managers can be held to account for misconduct within their remits. Certification Regime – applies standards of conduct to individuals working in financial services. Conduct Rules – set conduct...

In this issue: Decision to prosecute and alternatives to prosecution Criminal procedure and evidence Proceeds of crime Appeals and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Other corporate crime updates LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Decision to prosecute and alternatives to prosecution Deferred Prosecution Agreements—an ‘expiry date’ or a ‘best before’? (Guralp Systems Ltd v Serious Fraud Office) The statutory framework for Deferred Prosecution Agreements (DPAs) requires an expiry date within every DPA, mandates that any breach application is made while the DPA remains in force, and provides that where a DPA lasts until its expiry, the proceedings are to be discontinued. In this case, the DPA’s terms specified effectiveness for...

In this issue: Criminal procedure and evidence Proceeds of crime Appeal and judicial review Sentencing Bribery, corruption, sanctions and export controls Cybercrime and data protection offences Environmental offences Financial services and pensions offences Food safety and hygiene offences Fraud, forgery, tax and theft offences Health and safety and corporate manslaughter offences Local authority prosecutions Money laundering International LexTalk®Corporate Crime: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Criminal procedure and evidence Court delays soar as backlogs break records Between April and June 2025, the criminal courts in England and Wales amassed an unprecedented caseload of almost 440,000, with incoming matters exceeding disposals and a system hampered by long-standing funding shortfalls. In response, the Ministry of Justice (MOJ), together with The Rt Hon David Lammy MP, confirmed extra resources to accelerate outcomes for...

At Southwark Crown Court, Judge Sally-Ann Hales KC jailed 42-year-old Jian Wen for six years and ten months for washing money linked to an alleged scam targeting Chinese investors, remarking indeed the ex-restaurant employee 'knew what [she was] dealing with'. Hales J explained the jury needed only to be satisfied Wen suspected she was handling criminal proceeds to convict with a guilty verdict by the jury. However, she herself was absolutely certain Wen understood how the funds were produced and came about. 'They had only to be sure that you suspected this to be the case', Hales J told Wen as she passed sentence. 'I am in no doubt that you knew this was what you were dealing with.' Hales J said there was 'no degree of exploitation' in Wen's participation in the laundering scheme in this case, although she accepted Wen had been acting on directions from the alleged fraudster. Wen was sentenced for a single count of money laundering...

A glossary of frequently used terms and phrases in Scottish Private Client law, with the closest England and Wales equivalents (where applicable) and links to helpful websites Ab intestato Meaning From someone who dies without a will; describes property taken under the laws of intestate succession. Nearest English equivalent None Action of specific implement Meaning A court action seeking an order compelling a party to carry out a particular act. In Scotland there is no division between equitable and legal remedies, unlike England and Wales. Nearest English equivalent Specific performance (an equitable remedy for breach of contract that can be ordered alongside, or in place of, damages) Advance notice Meaning An entry in the relevant property register that protects the grantee of a deed intended for registration in the Land Register of Scotland. The protected period of 35 days begins on the day after registration....

This Practice Note is aimed at law firms. It encapsulates the publicity obligations in the SRA Standards and Regulations, together with associated SRA guidance and warning notices. In essence, you must ensure that any publicity about your practice accords with the SRA Principles, particularly by acting in a manner that sustains public trust and confidence in the solicitors’ profession and with honesty and integrity. When delivering services to the public, or a section of it, you must also ensure that publicity about your practice is accurate and not misleading, including any statements about your charges and the situations in which interest is payable by or to clients. There are additional requirements concerning letterheads, how staff are described, your regulatory status, and price and service information, etc, which apply more broadly. See also Precedent: Publicity policy—law firms. What is publicity? Publicity includes: all promotional material and activity, including the name or description of your firm stationery advertisements brochures websites directory entries...

This Practice Note was prepared by Anne Redston, Barrister. It reflects her personal view; she is not authorised to speak for the Tribunals Service or the judiciary. This Practice Note: explores how legal professional privilege (LPP) operates in relation to tax matters examines the relationship between LPP and HMRC’s powers to obtain information and conduct inspections considers the extent to which LPP is available to non-lawyer tax advisers This Practice Note is a brief overview and does not cover every circumstance, so you may need further advice concerning your client’s position. For example, it does not consider privilege: under Scots law, or in relation to criminal proceedings, such as tax fraud It also does not address without prejudice privilege. This is considered in Practice Note: Without prejudice communications and in Wired Orthodontics. What is LPP? In the ex parte Morgan Grenfell case, Lord Hoffman described LPP as ‘a fundamental human right...

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Important—this provisional allotment letter (pal) is of value and is negotiable. Your prompt attention is required. This invitation lapses at [ insert time ] on [ insert date ]. The full pal must be produced at the time of payment. Should you be uncertain about any part of this pal, or unsure what steps to take, you should seek your own financial advice without delay from your stockbroker, bank manager, solicitor, accountant, or another suitably qualified independent financial adviser duly authorised under the Financial Services and Markets Act 2000 (fsma), or, if you are located outside the United Kingdom, from an appropriate qualified independent financial adviser duly authorised within your jurisdiction. If you dispose of, transfer, or have already disposed of or otherwise transferred all of your ordinary shares (other than ex-rights) held in certificated form before [ Insert time ] on [ Insert date ], please send this pal together with form x (form of renunciation) on page [ Insert page number ], completed immediately, to the buyer...

In the Family Court sitting at [ court name ] Case No: [ case number ] [ The Matrimonial Causes Act 1973 OR The Matrimonial and Family Proceedings Act 1984 together with Schedule 7 to the Civil Partnership Act 2004 OR The Civil Partnership Act 2004 OR The Child Support Act 1991 OR The Inheritance (Provision for Family and Dependants) Act 1975 ] Concerning the [ Marriage OR Civil Partnership OR Relationship ] of [ applicant name ] and [ respondent name ] Having heard [ name the advocate(s) who appeared ] Upon reviewing the documents filed by the parties [ [IN THE CASE OF AN ORDER MADE WITHOUT NOTICE] Having read the statements and taken the evidence of the witnesses identified in para [ para number ] of the Recitals below ] Order issued by [ name of judge ] on [ date ], sitting in [ open court OR private ] [ FOLLOWING A [ RESERVED OR WRITTEN OR EX TEMPORE ]...

A disabled person’s trust A disabled person’s trust benefits from distinctive inheritance tax (IHT) treatment. To access this favourable regime, certain qualifying requirements must be satisfied. Specifically, the trust must be one of the forms authorised by section 89 of the Inheritance Tax Act 1984 (IHTA 1984), taking account of subsequent amendments to IHTA 1984, and there must be a qualifying disabled beneficiary. For IHTA 1984 purposes, the criteria a beneficiary must satisfy to be treated as a disabled person are set out in IHTA 1984, s 89(4A), together with Schedule 1A to the Finance Act 2005 (FA 2005), which prescribe the relevant tests and definitions...

To handle personal information in a lawful manner under the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679, an employer must first identify a lawful basis before any personal data is processed. Among the lawful grounds listed in Article 6 of Regulation (EU) 2016/679, GDPR, is processing that is necessary for the purposes of legitimate interests pursued by the controller or a third party, unless those interests are outweighed by the data subject’s interests, rights or freedoms. The Information Commissioner’s GDPR guidance explains that, in relation to the legitimate interests condition, it is the most adaptable lawful basis for processing; however, data controllers should not presume it will invariably be the right choice. The GDPR guidance further notes that: The legitimate interests basis tends to be suitable where individuals would reasonably anticipate the use of their data and the privacy impact is minimal, or where there is a compelling rationale for the processing Data controllers relying on legitimate interests take on additional responsibility to consider and...