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Stop Press: On 31 March 2026, the President of the Family Division, Sir Andrew McFarlane, released consolidated guidance on allocation and gatekeeping for children proceedings in the Family Court, coming into force on 5 May 2026. This replaces the 2014 public and private law guidance and establishes a single framework for allocation across all children cases. It clarifies the functions of gatekeeping teams, aligns allocation choices with contemporary procedural pathways (including Child Focused Courts), and underscores key principles of judicial continuity, proportionality and the efficient deployment of judicial resources, see News Analysis: Consolidated allocation and gatekeeping guidance for children proceedings issued. This Procedural Guide is presently being revised to align with the President’s guidance. It outlines the procedure for applications under section 8 of the Children Act 1989 for a specific issue order to resolve a particular question connected with parental responsibility, or a prohibited steps order limiting the exercise of parental responsibility in a defined respect. It also details who may apply, pre-action obligations, the principles the...
Removing a child from the jurisdiction Taking a child out of the jurisdiction without the necessary consent(s) can constitute an offence under the Child Abduction Act 1984 (CAA 1984). Refer to the Practice Note titled: Child abduction—criminal action and electronic tagging. Where there is no existing child arrangements order (CAO) in force regulating the child’s living arrangements, the requisite consent must be obtained in advance of removing the child from the jurisdiction from the following: each person with parental responsibility the father (whether or not he has parental responsibility for the child) Failure to do so creates a risk of breaching CAA 1984 and/or the Hague Convention on Civil Aspects of International Child Abduction. If a CAO is in place regulating the child’s living arrangements, section 13 of the Children Act 1989 (ChA 1989) provides that a child may not be removed from the UK without either the written consent of every person with parental responsibility or the court’s leave....
In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...
Oran and Oaken v Oved CA 004/2025 What are the practical implications of this case? The decision signals that the Dubai International Financial Centre (DIFC) Courts will be slow to issue anti-suit injunctions restraining foreign proceedings unless such relief is anchored in a recognised head of DIFC jurisdiction. It also makes plain that Article 32 of the DIFC Court Law No. 12 of 2004 (the Judicial Authority Law) may supply a power, but does not, by itself, bestow jurisdiction on the court. The judgment further confirms that a reference to Dubai in an arbitration clause does not automatically denote the DIFC, and that identifying the seat is a fact-specific, context-driven inquiry. Lastly, it offers guidance on the correct reading of a consumer contract for the purposes of Section 12 of the 2008 DIFC Arbitration Law, as amended... What was the background? The dispute stems from air-ambulance services supplied by Oved, a company incorporated in the UK, to the late Mr Oran and Mr Oaken (together, the...
In this issue: Brexit highlights Brexit SIs Post-Brexit transition guidance Judicial review Constitutional and administrative law Equality and human rights Information law Subsidy control and state aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Brexit highlights The Cabinet Office has released an explanatory memorandum concerning the UK/EU TCA Partnership Council decision (COM(2024)297). The proposal sets out the EU’s stance in the Partnership Council on amending Annex 3 to the Trade and Cooperation Agreement between the EU and UK, which covers product-specific rules of origin. See: LNB News 15/11/2024 16. The House of Commons Library has issued a briefing on assimilated law reform, outlining the Labour government’s approach following the 2024 general election. The second statutory report, published in July 2024, notes that of the 6,735 items of retained EU law (REUL)...
This Practice Note sets out summaries of costs judgments where the court declined to order indemnity costs. It identifies the principal question determined in each matter and offers observations on the ruling. Every matter is fact-specific; accordingly, these decisions are intended only to illuminate the court’s approach and should not be treated as precedents for how the courts will proceed in any particular circumstance. For examples of cases where indemnity costs were allowed, see Practice Note: Indemnity costs permitted—illustrative decisions. For guidance on indemnity costs orders, see Practice Note: Indemnity costs orders—principles. Indemnity costs refused Case and citation: Gagliardi v Evolution Capital Management LLC [2025] EWHC 3488 (Comm) Issue: Whether indemnity costs ought to be ordered against the defendant because the substance of its defence and counterclaim took the dispute outside the norm. Comment: As to indemnity costs, it was observed that, considering the conduct of the proceedings overall, this was a hard-fought Commercial Court matter where both parties could, at points, have...
This Practice Note outlines the powers available for addressing anti-social behaviour within an environmental setting, with particular focus on those introduced by the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014). Community Protection Notices What is a Community Protection Notice and what is its purpose? A Community Protection Notice (CPN) is intended to prevent a person aged 16 or above, a business, or an organisation from engaging in conduct that gives rise to specific, continuing problems or nuisances which adversely affect the community’s quality of life...
This Practice Note explains how to make an application for a third party debt order (TPDO). It outlines the appropriate court in which to apply, identifies the correct form to file (Form N349), and emphasises the requirement for full and frank disclosure. It also covers when and what must be served after an interim TPDO is made, the evidence to be lodged ahead of the final hearing, and the court’s likely approach to that hearing. Note: With effect from 14 August 2023, the County Court Money Claims Centre (CCMCC) and the County Court Business Centre (CCBC) were renamed the Civil National Business Centre (CNBC). This Practice Note supplies guidance on the steps to obtain a TPDO. For the overarching principles—such as which debts can be caught, the impact of a TPDO, and debtor hardship payments—see Practice Note: What is a third party debt order (TPDO)? For further material on TPDOs, see: Money owed to the debtor—overview. It also explains how...
Time off for pension scheme trustees As a pension scheme trustee, you are entitled to take time away from work in order to: carry out your functions [including time to prepare for and attend trustee meetings, time to progress specific projects assigned to you, and time to appropriately evaluate and respond to any unforeseen events]; and undertake relevant training. A reasonable amount of time off will be permitted. When judging how much to allow, the Company will consider: how much time is ordinarily needed to perform the functions or complete training; the time required for the particular duties or training at issue; and the effect your absence may have on the Company. This time off will be paid. [You can complain to an employment tribunal if you are unreasonably refused such time off, suffer a detriment, or are dismissed because you...
Private & confidential [ Insert name and address of client ] [ insert date ] Dear [ insert name of contact at the client ] Thank you for instructing us in this matter. [ This letter encloses our retainer OR Our retainer will be sent under separate cover ]. [ I write to confirm our conversation [ on [ date ] ] regarding disclosure. ] Your [ [ claim OR case ] ] [ [ has been OR is expected to be ] ] placed on the small claims track. Upon allocation, the court [ has issued OR will issue ] standard case management directions setting out the procedural steps required to bring this matter to a final hearing. One such direction is that you must provide copies of all documents on which you intend to rely at the final hearing. This step is known as disclosure. You must also produce the originals of those copies at the final hearing. Your opponent will receive the same standard...