Private examination meaning

Folds Farm Trustees Ltd and another company v Cutts and others [2024] EWHC 12 (Ch) What are the practical implications of this case? This claim illustrates trustees seeking the court’s approval for a decision in category 2 of Public Trustee v Cooper [2001] WTLR 901 (not reported by LexisNexis®UK), on the basis that the step was considered ‘particularly momentous’. There was no meaningful uncertainty about the extent of the trustees’ powers, and they had already determined how they intended to use them. Points of practical note for practitioners included: At a directions hearing, the court permitted reliance on updated expert evidence and, unusually, ordered the trustees’ witnesses (their directors) to attend the final hearing for cross-examination. At the final hearing, the Master observed, in the context of valuing real property, that appointments out of assets held on discretionary trusts are fundamentally different from cases involving absolute vested interests in capital. In the latter, testing the open market and securing the best price reasonably obtainable is...

Dorant v Dorant [2025] EWHC 3360 (Ch) What are the practical implications of this case? With little contemporary authority on kin inquiries, Master McQuail’s ruling is essential reading for lawyers acting in succession disputes where biological relationships are in issue. The decision explains the court’s ordering of documentary material and witness testimony in such cases. It also provides a thorough examination of the various forms of DNA evidence and testing pertinent to kin inquiries, and flags the traps practitioners should note about the dependability of forensic DNA analysis in complex familial connections. What was the background? What was the factual background to the dispute? McDonald Peter Noel (“McDonald”) was born in Trinidad on 13 December 1934 to Neutrice Noel and Stanley O’Brien Dorant (“Stanley”). McDonald moved to London in 1960 and died in April 2018, intestate, unmarried and with no issue. By the time of his death, he was a wealthy bachelor and left a net estate of approximately £2.75 million...

In this issue: Planning appeals Biodiversity Compulsory purchase Planning for nationally significant infrastructure projects Green belt Daily and weekly news alerts New and updated content Related Documents Planning appeals PINS confirms its position on issuing decisions during the election period The Planning Inspectorate (PINS) has confirmed that, ahead of the May 2024 local government elections, it will not issue appeal decisions, reports or advisory letters in any case or examination where known candidates have made representations. This pause applies during the election period from 11 April 2024 to 2 May 2024, unless a statutory timetable duty applies. The approach is intended to avoid any suggestion that PINS has influenced the election or been used for electoral gain by any interested body. See: LNB News 26/03/2024 96. Biodiversity Defra updates list of designated responsible bodies for conservation covenants The Department for Environment Food and Rural Affairs (Defra) has revised its list of designated...

This Practice Note looks at the framework for recognising and enforcing international arbitral awards in Türkiye and, where appropriate, draws on case law... Applicable legislation Türkiye’s arbitration system, together with the rules on recognition and enforcement, is founded on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration 1985. The two principal instruments governing recognition and enforcement are the Convention on the Recognition and Enforcement of Arbitral Awards (the New York Convention) and the International Private and Procedural Law (IPL) No. 5718. The New York Convention took effect in Türkiye under Law No. 3731 in 1991 and since then has applied to recognition and enforcement applications brought in Türkiye. As an international treaty, the New York Convention prevails over domestic legislation pursuant to Article 90 of the Turkish Constitution. Türkiye has confined the New York Convention’s application to the recognition and enforcement of arbitral awards only: issued in a contracting state to the New York Convention, and concerning...

Adducing expert evidence in private law children proceedings This Practice Note addresses the presentation of expert evidence in private law children cases, setting out the statutory framework (in particular Part 25 of the Family Procedure Rules 2010 (FPR 2010) and the associated Practice Directions) and also clarifying who qualifies as an expert. It further explores when such evidence is required, the process for seeking permission and the considerations the court must weigh when deciding that application, together with the commissioning of experts, including use of a single joint expert (SJE), and the arrangements for paying the expert’s fees. It also outlines experts’ obligations and the expectation that they attend court. In addition, it explains the need for any expert in children proceedings to satisfy the relevant national standards for experts. For hands-on guidance on evidence in private law children cases, see Practice Note: Evidence in private law children proceedings. At common law, witnesses are to testify to facts rather than opinions, unless the witness is suitably qualified to give...

A new protocol, the disclosure of information between family and criminal agencies and jurisdictions (the 2024 protocol) A fresh protocol—'the disclosure of information between family and criminal agencies and jurisdictions' (the 2024 protocol)—was published in February 2024, superseding the October 2013 protocol and good practice model (disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings). From 1 March 2024, it governs the sharing of information and material between criminal and family agencies and jurisdictions. It covers all private and public family law proceedings, including contemplated public law cases, and all material in police possession. A working group comprising the judiciary, local authorities, police and the Crown Prosecution Service will review it in 2025. This Practice Note outlines the general approach to public children care proceedings where criminal proceedings are concurrent or imminent, addressing the Family Procedure Rules 2010 (FPR 2010), case management considerations, the 2024 protocol, and guidance on post-conviction disclosure from bodies such as HM Prison and Probation Service (HMPPS). A...

At the Family Court held at [ Court name ] Case No: [ Case number ] Non-Molestation Order The Family Law Act 1996 Full name(s) of the child(ren)Boy or girlDate(s) of birth [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] [ Insert ] Before [ name of judge ], in private, on [ date ] at a [ type of hearing ] Important notice to the respondent, [ RESPONDENT NAME ] of [ RESPONDENT address ] You are required to comply with this order. Please read it thoroughly. If any part is unclear, seek advice from a solicitor, a Legal Advice Centre or the Citizens Advice Bureau. You have the right to ask the court to vary or discharge this order. Warning: without reasonable excuse, doing anything this order prohibits amounts to a criminal offence; on conviction you may be liable to imprisonment for a...

[ insert date ] [ insert employee’s name and address ] Private and confidential Dear [ insert name ] Consent to medical report from your doctor Further to [ your meeting with [ insert name ] on [ insert date ] ], we wish to secure your permission to request a written report from your [ GP OR consultant ] regarding your health. This may require a medical examination...

[ insert date ] [ insert employee’s name and address ] Private and confidential Dear [ insert name ] Consent to medical report by [ Company doctor ] Further to your meeting with [ insert name ] on [ insert date ], [ we OR We ] are seeking your consent to obtain a written medical report about you from [ the Company doctor ]. In order to prepare this report, [ the Company doctor ] could be required to carry out a medical examination of you, or be allowed access to your medical records [ covering the period from [ insert date ] to [ insert date ] ] from your GP or consultant and, where necessary, to discuss those records with your GP or consultant...