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In this issue: Practice and procedure Domestic abuse Private children Public children Financial provision International children Daily and weekly news alerts New content Updated content Useful information Practice and procedure Professional negligence and limitation—the roll of impecuniosity in constructive knowledge (Kay v Martineau Johnson) In Kay v Martineau Johnson (A firm) [2026] EWCA Civ 224, the Court of Appeal examined how actual and constructive knowledge should be approached in claims against solicitors for professional negligence. It also addressed whether a lack of means is pertinent when assessing reasonable steps, including seeking expert opinion, for determining the date of knowledge. James Davies, barrister and Mediator at New Square Chambers, explores the practical consequences in Professional negligence and limitation—the roll of impecuniosity in constructive knowledge (Kay v Martineau Johnson)... Domestic abuse Domestic Abuse Act 2021 (Commencement No 6, 8 and 9 and Saving Provisions) (Amendment) Regulations 2026 The Domestic Abuse Act 2021...
In this issue Probate Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals tracker Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate High Court finds the claimant alive and sets aside the grant of probate (Ashimola v Samuel). In a highly unusual probate matter alleging fraud, forgery and impersonation, the High Court has annulled the grant of Letters of Administration made to Ms Ruth Samuel, said to act as attorney for Mr Bakare Olatoye Lasisi, because the supposed deceased, Ms June Ashimola, is alive. Alternatively, the grant was revoked as it was procured using false, forged or fabricated documents, namely the Marriage Certificate, Death Certificate and...
In this issue Practice and procedure Relationship breakdown International children Private children LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q&As Useful information Practice and procedure HMCTS updates guidance for appeals to the Court of Appeal, Civil Division. HM Courts and Tribunals Service has revised the route for appealing county court, High Court or tribunal decisions in the Civil Division of the Court of Appeal. The revision removes the former requirement to file three copies of the appellant’s notice and grounds of appeal with the Court of Appeal. See: LNB News 17/06/2024 28. Relationship breakdown Victim status for human rights claim not established (AP v JP and another). In AP v JP [2024] EWHC 1197 (Fam), the background was that AP (now 68) and JP (now 72) participated in a marriage ceremony in 2009. AP was born female and underwent gender reassignment surgery in 1990; a full gender recognition...
This Practice Note explains the approach to online applications for divorce and dissolution made on or after 1 June 2024, under FPR 2010, PD 41G, Proceedings by electronic means: certain proceedings for a matrimonial order or civil partnership order (new law). It further summarises guidance published by HM Courts and Tribunals Service (HMCTS) concerning online divorce and dissolution applications. The Divorce, Dissolution and Separation Act 2020 (DDSA 2020) commenced on 6 April 2022. Divorce or dissolution cases issued by the court on or after 6 April 2022 are governed by DDSA 2020 and by procedural amendments to the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. For more detail on these reforms, see Practice Note: Introduction to the Divorce, Dissolution and Separation Act 2020. Matters issued by the court on or before 5 April 2022 will continue in line with the pre-DDSA 2020 framework, whether lodged using the HMCTS online system (the online system) or by paper forms. Such applications are not affected by the commencement of DDSA 2020, nor...
This Practice Note examines the key issues around applications made by dependent partners of individuals on work, investment and study pathways. Most of these routes include provision for dependent partners and children. The principal exceptions are the Youth Mobility Scheme, which permits no dependants at all, and the Student, Graduate and Skilled Worker routes, which impose certain restrictions. For the position in those routes, see Practice Notes: Applying under the Skilled Worker route — Dependants, Applying under the Graduate route and Student: eligibility — Dependants. Partners in this context means: spouses civil partners, and unmarried partners who have lived in a relationship akin to marriage or civil partnership for at least two years — this type of relationship is now termed a ‘durable relationship’ Before their simplification, the rules governing dependent partners and children in these routes were found in Part 8 of the Immigration Rules (for dependants of relevant Points-Based System migrants and Appendix W workers), or in Part 5...
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...
I, [ enter full name of testator ], of [ enter full address of testator ] [ otherwise or commonly or formerly ] [ called [ enter alias or former full name ] or recorded on my birth certificate as [ enter birth certificate name ] ], cancel all earlier testamentary arrangements made by me [ to the extent that and so far as they relate to my property of every kind in the United Kingdom of Great Britain and Northern Ireland ] and hereby state that this is my final Will...
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))...