Standard of proof meaning

Procedural Guide This Procedural Guide explains the process for seeking an enforcement order under the Children Act 1989 (ChA 1989) to secure compliance with a child arrangements order (CAO). Such an order may require the respondent to complete unpaid work. It sets out details of the following: Who can apply Pre-action requirements Criminal standard of proof Orders the court may make Restrictions on making an enforcement order The procedure applies where a CAO has a warning notice properly attached and it is alleged the order has been breached, making enforcement necessary. Enforcing contact provisions can be difficult where the parent with whom the child lives is opposed to contact. Under ChA 1989 the court has extended powers to enforce all provisions of CAOs, not just those about contact but also those concerning a child’s living arrangements...

This Procedural Guide Sets out the process under the Debtors Act 1869 (DA 1869), the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, Pt 33, and the Administration of Justice Act 1970 (AJA 1970) for applying for a judgment summons compelling a debtor to attend court where the debtor has, or has had since the date of the order or judgment, the means to meet the defaulted amount, yet refuses or neglects to do so. It provides guidance on eligibility to apply, the criminal standard of proof and evidential requirements, and the debtor’s committal. A judgment summons is a summons that requires a debtor to appear before the court. If it is proved to the court’s satisfaction that the debtor has, or has had since the order or judgment, the means to pay the sum in default, and has refused or neglected, or refuses or neglects, to pay it, the debtor may be committed to prison for up to six weeks, or until prior payment of the amount owing....

When taking a lease or buying from a heritable creditor in possession, the title deeds should include: the original instrument or a certified copy of the standard security by which the heritable creditor asserts title proof that the right to enforce the standard security has crystallised (namely, that a default has occurred and calling-up procedures have been observed), see Practice Note: Enforcing standard security—Scotland The standard security will be recorded against the property title; however, you should also confirm that it: has been filed at Companies House has been validly executed, see Practice Note: Execution of documents under Scots law and Registers of Scotland—guidance on execution of documents in counterpart includes provisions enabling the heritable creditor to call up and sell or lease In most instances, standard securities contain an express power to enforce upon the occurrence of...

In this issue: Court of Protection UK taxes for Private Client HMRC Manuals updates Family businesses and ownership structures Insolvency—Private Client Digital assets and cryptoassets Contentious trusts and estates Pensions, insurance and tax-efficient investments Scotland, Wales and Northern Ireland Question of the week Additional Private Client updates 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 Court of Protection Court of Protection proposes travel guidance for cases with a risk of future forced marriage (Luton Borough Council v G) The Court of Protection sanctioned a six-month interim forced marriage protection order (FMPO) concerning AG and exercised the inherent jurisdiction to govern AG’s contact with her parents. This followed material showing parental control and coercion, the prospect of AG travelling abroad for ‘a wedding’, and indications that, if parental contact matched her...

Ahmad and another company v Faraj [2025] EWCA Civ 468 What are the practical implications of this case? This judgment serves as a timely reminder of the range of powers the courts can deploy after a party breaches an order, and the need to calibrate the response between imposing the less severe Hadkinson order and making an unless order. Although both remedies are unusual, the court emphasised that defiance would not be indulged and that these measures would be invoked to secure that any contempt is purged. Notably, even where an unless order could culminate in an appeal being struck out notwithstanding that permission to appeal had been granted (as was a live possibility here), the making of an unless order may still be justified. Lady Justice King concluded that the husband was intentionally in breach, and reaffirmed the approach in Mubarak v Mubarik (Contempt in Failure to Pay Lump Sum: Standard of Proof) [2006] EWHC 1260 (Fam), [2007] 1 FLR 722: the bare fact that a party...

In this issue: Repairing obligations and dilapidations Enforcing security and property insolvency Residential tenancies Enforcing security and property insolvency Disputes and remedies Residential tenancies Property disputes in Scotland Additional Property disputes updates Daily and weekly news alerts Dates for your diary Trackers Latest Q&A Repairing obligations and dilapidations RICS updates RICS updates Cladding External Wall Systems (EWS) FAQs The Royal Institute of Chartered Surveyors (RICS) has revised its frequently asked questions (FAQs) on cladding external wall systems (EWS) to align with how the Leasehold and Freehold Reform Act 2024 (LFRA 2024) impacts the Building Safety Act 2022 (BSA 2022). Part 8 of LFRA 2024 changes Part 5 of BSA 2022. These revisions affect the operation of cost recovery, remediation orders and remediation contribution orders for defects. They also touch on notifications by insolvency practitioners concerning ‘accountable persons’, and the recovery of legal costs via service charges. The amendments to...

This Practice Note outlines that the Mental Capacity Act 2005 (MCA 2005) presumes adults have capacity to make informed choices unless proven otherwise. It summarises the principles that steer capacity assessments and a person’s ability to reason through a decision under the MCA 2005, and refers to the Code of Practice for people working with, or caring for, individuals who lack capacity. It addresses the MCA 2005 definition of a person’s best interests where capacity is absent and the protections available to those responsible for their care. It clarifies that the ability to decide is both time‑specific and decision‑specific, and the considerations when evaluating capacity to choose where to live and what care to receive. It further explains that assessments must relate to the specific decision at the material time, rather than a broad, overall competence. Presumption of capacity for adults MCA 2005, s 1(2) establishes a presumption that adults possess capacity. In the absence of evidence to the contrary, a person is taken to retain capacity to...

This Practice Note outlines Directive (EU) 2019/770 (OJ L 136/1) on certain aspects of contracts for the supply of digital content and digital services—the EU Digital Content Directive (EU DCD)—brought in as part of the European Commission’s Digital Single Market strategy. The EU DCD sets out a range of consumer rights and remedies for business-to-consumer (B2C) agreements covering digital content or digital services, and is complemented by Directive (EU) 2019/771 (OJ L 136/28) on certain aspects concerning contracts for the sale of goods, the EU Sale of Goods Directive (EU SGD). For more on the EU SGD, see Practice Note: The EU Sale of Goods Directive. The EU DCD entered into force on 11 June 2019. EU Member States had to adopt and publish the measures needed to comply by 1 July 2021 and to apply them from 1 January 2022. The national transposition measures can be viewed on the EUR-Lex website. Key information EU Digital Content Directive title: Directive (EU) 2019/770 of the...

Good character requirement Pursuant to section 6(1) of the British Nationality Act 1981 (BNA 1981) and Sch 1, para 1(1)(b), anyone seeking naturalisation as a British citizen is required to be of good character. This good character test equally covers applicants aged ten or above who seek registration as British citizens. That said, the good character rule does not apply to several categories of applications, notably those brought under: the statelessness routes in BNA 1981, Sch 2 BNA 1981, section 4B, for an eligible individual with no nationality other than as a British Overseas citizen, British subject under BNA 1981, British protected person, or British National (Overseas) BNA 1981, section 4C, for an eligible person born between 1961 and 1983 BNA 1981, sections 4G–4I, for an eligible person who could not previously obtain citizenship because their natural father was not married to their mother (save that, for BNA 1981, section 4F applications, the pertinent registration ground is BNA 1981, sections 1(3),...

The Contract comprises the completed Standard Building Contract Without Quantities for use in Scotland 2016 published by the SBCC subject to the following amendments: Recitals and Articles updated: contractor to provide a master programme and Schedule of Information Requirements; CDP responsibility accepted; Principal Contractor duties priced; arbitration deleted; Schedule of Amendments prevails; Third Party Agreements duties. Contract Particulars: arbitration entries removed; Rectification Period set at 12 months; fluctuations and certain PII/guarantee entries deleted. Conditions: key definitions revised (Practical Completion, Copyright Material, Design sub‑contractors, Funder, Site); Scottish jurisdiction; approvals mean principles only; entire agreement; variations in writing. Design/materials/programming: contractor accepts ER/CP; quality and non‑deleterious materials; programme reporting; site risk; drawings/info supply; tighter discrepancy notices. Time/defects: mitigate and advise on delay; narrower Relevant Events; Practical Completion clarified; stronger rectification, consequential damage and indemnity; phased as‑built/occupation information. IP/confidentiality/BIM: broader licence, moral rights waivers and delivery; confidentiality reinforced; BIM where adopted. Management/sub‑contracting: access, approved Site Manager, meetings; prescribed sub‑contracts; collateral warranties/third‑party rights; CDM duties; insurance...