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Official Solicitor meaning

What does Official Solicitor mean?
A court-appointed lawyer who steps in as the litigation friend of last resort to conduct proceedings for a person who lacks mental capacity (and, in limited cases, for a child) where no suitable relative, professional, public body or agency is able and willing to act. In England and Wales, the Official Solicitor to the Senior Courts is an officer of the court. Appointment and functions arise from the Civil Procedure Rules (Part 21), Family Procedure Rules, the Mental Capacity Act 2005 and Court of Protection Rules, alongside the court’s inherent jurisdiction. The Official Solicitor acts independently, usually only after evidence of incapacity is provided and satisfactory arrangements are made for costs and case management, ensuring proceedings can continue fairly. In Northern Ireland, the Official Solicitor similarly acts as officer of the court and litigation friend/guardian ad litem of last resort under the Judicature (Northern Ireland) Act 1978 and court rules. Scotland does not use the “Official Solicitor” title; equivalent representation is provided by a court‑appointed curator ad litem or other safeguard under the Adults with Incapacity (Scotland) Act 2000 and relevant rules. In Ireland, comparable functions are performed by the General Solicitor for Minors and Wards of Court in wardship and related...
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View the related Checklists about Official Solicitor

CHECKLISTS
Applications for reporting restriction orders in family proceedings: procedural flowchart under the Family Procedure Rules 2010 PD12I and Cafcass Practice Note (England and Wales)

This flowchart sets out the steps to be taken on an application for a reporting restriction order under the Family Procedure Rules 2010, PD 12I (Applications for reporting restriction orders) and the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders), also known as the Cafcass Practice Note. For comprehensive, practical guidance on each stage shown and on transparency in the family courts—covering overviews, Practice Notes, precedents, procedural guides, client guides, legislation, forms and further reading—see: Media access and transparency—overview, or select the related documents listed on the right-hand side of the flowchart. For focused guidance on reporting restriction orders, consult the following Practice Notes: Reporting restriction orders—procedure Reporting restriction orders and notifying the media For information about providing advance notice to the media of a reporting restriction order application, refer to: Giving advance notice to the media of a reporting restriction order application—flowchart. For the full collection of Lexis+® UK flowcharts spanning numerous...

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CHECKLISTS
Reporting restriction orders in family proceedings: High Court application checklist, grounds, statutory alternatives, and media notification (England and Wales)

Checklist: reporting restriction orders in family proceedings This checklist sets out the steps to consider when applying for a reporting restriction order in family proceedings, including preliminary matters such as jurisdiction, any alternative statutory provision and grounds for exclusion. It explains notifying the media through the Press Association Injunction Applications Alert Service, and notifying other parties. It also covers the duration and scope of reporting restriction orders under the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, the Practice Note (Official Solicitor: Deputy Director of Legal Services: Cafcass: Applications for reporting restriction orders) (also known as the Cafcass Practice Note), and the reporting restriction order standard order. A reporting restriction order is a court order restricting the publication or dissemination of certain information by media representatives or duly authorised lawyers about court proceedings. Its primary purpose is to protect the identities of those involved in the proceedings, such as children or incapacitated adults, where publication could cause harm, distress or a breach of privacy. ...

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NEWS
Service of statutory demand and petition valid without scattergun approach; annulment refused despite debtor’s lack of capacity at time (Sriram v HMRC and Brittain, England and Wales)

Sriram (acting by her litigation friend, the Official Solicitor) v Revenue and Customs Commissioners and another [2024] EWHC 853 (Ch), [2024] All ER (D) 86 (Apr) What are the practical implications of this case? Creditors should act with care to ensure that service of a statutory demand (and bankruptcy petition) is properly effected, particularly where a debtor seeks to avoid service and has several addresses. Attempts to serve ought to be clearly and contemporaneously recorded. Creditors are required to take all reasonable measures to bring the document or documents to the debtor’s attention. However, this does not oblige them to attend or write to every address associated with the debtor that they know about. The addresses that must be tried will depend on the circumstances of the individual case. A wide, scattergun strategy to service is not expected. By way of example, if a debtor holds multiple properties and there is no reply to a visit or correspondence at one property, that location may not amount to a ‘known’...

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NEWS
UK Private Client weekly update: probate changes, Court of Protection rulings, HMRC manuals and tax cases, trusts disputes, crypto injunctions, pensions and consultations (8 February 2024)

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Insolvency—Private Client Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate HMCTS probate enquiry line—temporary reduced hours From 14 February 2024, and for 12 weeks, the HMCTS probate helpline will run on reduced hours: 9am to 1pm, Monday to Friday. The HMCTS Probate Service remains available via web‑chat from 9am to 5pm, Monday to Friday. Source: HMCTS Probate LinkedIn post. MoJ urges those entitled to claim dormant funds held by CFO to act now The Ministry of Justice...

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NEWS
UK Private Client update: trusts, Court of Protection, tax and HMRC changes, Companies House overseas entities removal, mediation Practice Direction, devolved and Jersey developments (25 April 2024)

In this issue: Trusts Court of Protection UK taxes for Private Client HMRC Manuals updates Insolvency—Private Client Charity and philanthropy Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&A Useful information Trusts Companies House publishes guidance on removal of overseas entities from register Companies House has issued guidance setting out the process for taking an overseas entity off the Register of Overseas Entities. It applies where the entity no longer holds registered title to UK land or property acquired on or after 1 January 1999 in England and Wales, 8 December 2014 in Scotland, and 5 September 2022 in Northern Ireland. The guidance confirms the entity must have disposed of all UK property or land, and the transfer of ownership...

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PRACTICE NOTES
2022 appeal round-up and tracker: key civil litigation decisions and forthcoming Supreme Court cases (England and Wales)

Practice Note This Practice Note consists of two strands created to help dispute resolution practitioners remain up to date with developments in case law that affect their field, or which influence civil litigation procedure more generally: selected forthcoming appeals to the Supreme Court are highlighted below; see Key forthcoming appeals to the Supreme Court—2022 summaries of significant appeal decisions in England and Wales (ie rulings of the Court of Appeal and Supreme Court and, where appropriate, certain judgments of the Competition Appeal Tribunal, Judicial Committee of the Privy Council, Court of Justice of the European Union), and ECtHR, which we have covered; see: Key forthcoming appeal cases—2022 You can navigate this content using the table of contents in the left-hand margin. Alternatively, search this tracker using [CTRL]+[F]. This material is not intended to be a comprehensive register of every appeal or major decision relevant to dispute resolution practitioners. Key forthcoming appeals to the Supreme Court—2022 Tort and negligence ...

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PRACTICE NOTES
Rehabilitation Code 2015: Framework for Early Rehabilitation in Personal Injury and Clinical Negligence, Lower-Value and Catastrophic Claims; Duties, INAs, Reports, Funding and OIC Addendum (England and Wales)

The third iteration of the Rehabilitation Code appeared in September 2015 and came into substantive effect on 1 December 2015. Reform of the Rehabilitation Code The 2007 Rehabilitation Code refined and streamlined the original Code launched in 1999. After the Jackson reforms, a working group was convened to scrutinise the 2007 Rehabilitation Code. Following that review, key features of the 2015 Code (the Code) include: This review followed the Jackson reforms. a dedicated section for lower‑value claims, meaning claims worth no more than £25,000 as defined within the Code for more serious injuries, rehabilitation case managers are urged to collaborate proactively with treating NHS clinicians as set out at para 2.7 publication of a Guide for Case Managers and commissioners alongside the Code to guide practice an addendum addressing claims in the Official Injury Claims (OIC) portal for use within the portal Purpose of the Rehabilitation Code The Code’s purpose is to set a framework for personal injury...

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PRACTICE NOTES
Archived Court of Protection case tracker: key England & Wales judgments (2021–2024) on capacity, best interests, medical treatment, deprivation of liberty and cross‑border issues

ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...

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PRECEDENTS
Completing the N1 claim form for trade mark infringement and passing off (England and Wales)

The purpose of the claim form A claim form initiates proceedings. It sets out information relevant to the case, including: the court reference number to be used on all subsequent court documents; the parties to the proceedings; what is being claimed; particulars of the claim (including any claim for interest); and contact details for the claimant, typically the claimant’s solicitor. Guidance on the contents of a claim form in general is available in the Practice Note: Claim form—the contents. This Precedent includes suggested text for use where the claim concerns trade mark infringement and/or passing off. The form provides direction on the particular points that should be considered when completing a claim form for use in such proceedings. The attached N1 claim form is provided as an example only. We recommend that practitioners download the latest N1 claim form in PDF from the official source for submission, and use the attached version solely as an aid to completing it....

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PRECEDENTS
Solicitors’ comfort letter to sponsor for FCA Official List admission and LSE Main Market trading—supporting sponsor’s declaration under UK Listing Rules (England and Wales)

[ On headed notepaper of solicitor ] Strictly private and confidential To: [ insert sponsor name ][ insert sponsor address ]Date: [ insert date ] Dear [ insert name ] [ insert name of company ] (the Company) — Application for admission to listing on the Official List of the Financial Conduct Authority and to trading on the main market for listed securities of the London Stock Exchange We are writing regarding the application for the Company’s entire issued and to be issued share capital to be admitted to the Official List of the Financial Conduct Authority (the FCA) (Admission) (the Application). In support of the Application, a prospectus (the Prospectus) has been prepared, setting out the information required for a prospectus in accordance with the Prospectus Rules: Admission to Trading on a Regulated Market (PRM), together with the additional information required by the UK Listing Rules...

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PRECEDENTS
Application notice precedent for appointment of interim receiver in bankruptcy under section 286 Insolvency Act 1986 (England and Wales)

Note: Use this Precedent alongside an application notice template compliant with the Insolvency (England and Wales) Rules 2016, SI 2016/1024—see (Form IAA), IR 2016, r 1.35. VAR Insolvency Act Application Notice In the matter of the Insolvency Act 1986 Delete as applicable: Name of company or debtor/bankrupt: [insert debtor’s name] Company number: [________] Court: [full court name and, if known, division or district registry] Case number (for court use): [insert case number] Type of insolvency proceeding: Bankruptcy Between: Applicant [insert applicant’s name]; Respondent [insert debtor’s name]. Is this within insolvency proceedings already before the court? YES. If so, give the court reference: [________]. I/We intend to apply to the Insolvency and Companies Court Judge/District Judge on: Date [________], Time [________] hours, Place [________]. Appointment of [X, the Official Receiver of this Court, or Z, an insolvency practitioner] as interim receiver of the property of [full name of debtor], with any desired special directions....

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