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In this issue: Public children Financial provision Private children Court of Protection Daily and weekly news alerts New content Updated content New Q&As LexTalk®Family: a Lexis®Nexis community Useful information Public children Suspected Inflicted Head Injury Service (SIHIS) for children pilot Three NHS Trusts—Manchester University NHS Foundation Trust, Birmingham Children’s Hospital and Sheffield Children’s NHS Foundation Trust—have received funding to launch pilots and evaluate a new Suspected Inflicted Head Injury Service (SIHIS). The service is designed to tackle delays arising from late and multiple expert medical statements. The trial will assess how this model can drive lasting, system-wide improvements that cut delay, with the pilot scheduled to conclude on 31 March 2025... Anonymisation (Re T (Children: Publication of Judgment)) In Re T (Children: Publication of Judgment) [2024] EWCA Civ 697, [2024] All ER (D) 79 (Jun), the Court of Appeal upheld the mother’s appeal against a decision concerning the publication of a...
In this issue: The Pensions Regulator Funding, surplus and investment Members and benefits Daily and weekly news alerts Dates for your diary Trackers The Pensions Regulator TPR enhances oversight of the largest DC schemes to improve member outcomes The Pensions Regulator (TPR) has unveiled enhancements to its supervision of master trusts and defined contribution (DC) schemes after a 12‑month review. The redesigned model groups schemes into four supervisory segments with bespoke engagement to spot risks sooner and lift saver outcomes. These cover monoline, commercial and non‑commercial master trusts; collective DC schemes; and single plus connected employer DC schemes. TPR’s priorities are securing value for money for all savers and setting clear expectations on investments, data quality and at‑retirement innovation. Larger schemes will be supported by dedicated multi‑disciplinary teams to enable more targeted, expert‑level interactions. The change marks a tilt towards a more prudential regulatory stance, addressing scheme‑specific and market‑wide risks across the UK pensions landscape. TPR said...
In this issue: Practice and procedure Emergency procedures Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Procedure Rules 2010 Practice Direction Update No 2 of 2025 The second Practice Direction Update to the Family Procedure Rules 2010 (FPR 2010) in 2025 has now been published. It revises FPR 2010, PD 36ZA and introduces a further Practice Direction, FPR 2010, PD 36ZI, which will take effect on 14 July 2025. The new Practice Direction, FPR 2010, PD 36ZI, augments FPR 2010, SI 2010/2955, r 36.2 (Transitional Arrangements and Pilot Schemes) to support a pilot for notifying the police whenever the court makes, varies, or extends a relevant non-molestation order. Under the pilot, notification to the police will be delivered by automated electronic means or by email once a relevant non-molestation order has been made. Consequential amendments to FPR 2010, PD 36ZA remove,...
Private Client England & Wales glossary A Abatement When, after settling the deceased’s funeral costs, debts and liabilities, the remaining estate cannot satisfy all legacies in full, the gifts are reduced accordingly, unless the Will shows a different intention. In a solvent estate, the order for reduction appears in Part II of Schedule 1 to the Administration of Estates Act 1925. Refer to Practice Note: Payment of legacies. Accruals basis Where income is taxed on an accruals basis, it is attributed to a given tax year by reference to the number of days within that year during which the activity giving rise to the liability accrued. See Practice Note: What is the basis of income tax?. Accumulation and maintenance (A&M) trust A form of non‑interest in possession trust designed to benefit children and young people up to 25, which received favourable inheritance tax treatment between 1975 and 2006. See Practice Note: Accumulation and maintenance trusts—IHT [Archived]. Accredited Legal Representative (ALR) ...
This Tracker outlines key developments for dispute resolution lawyers on the integration of alternative dispute resolution (ADR) into the civil litigation system in England and Wales. For wider tracking of dispute resolution issues, see Practice Note: Tracker—legislation, consultations and other developments—Dispute Resolution. The development of compulsory ADR Since the Court of Appeal’s decision in Halsey v Milton Keynes General NHS Trust, discussion has persisted about whether a court may require or order parties to attempt settlement via ADR, and whether cost sanctions can be applied to those who unreasonably refuse to engage with ADR. In Halsey, the Court of Appeal considered it inappropriate for the court to compel parties to refer their dispute to ADR against their wishes, as doing so would ‘impose an unacceptable obstruction on their right of access to the court’. In July 2021, the Civil Justice Council (CJC) published its report, ‘Compulsory ADR’, concluding that compulsory ADR is not unlawful, in that it is not incompatible with Article 6 of the European Human Rights...
The nature of a discretionary trust Underhill and Hayton: Law of Trusts and Trustees offers a clear account of what marks out a discretionary trust. Such a trust exists where beneficiaries’ shares are not predetermined but hinge on the use of discretionary dispositive powers held by trustees or other authorised holders. A straightforward illustration is a settlement under which assets are placed with trustees to divide the income among such of A’s children and grandchildren as they consider appropriate. Less intuitively, the label also applies where beneficiaries hold fixed distributive rights that can nevertheless be defeated if a power is exercised to appoint the property to another person (see Underhill and Hayton—Fixed and discretionary trusts [5.5]). In a discretionary trust, the trustees are empowered to pay or apply income, capital, or both, to or for the benefit of all, or any one or more, to the exclusion of others, within a defined class or group of persons...