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In this issue: Practice and procedure Relationship breakdown Financial provision Public children Court of Protection LexTalk®Family: a Lexis®Nexis community Daily and weekly news alerts New content Updated content New Q&As Useful information Practice and procedure Changes to HMCTS Cloud Video Platform and the Video Hearings Service In July 2024, HM Court and Tribunals Service (HMCTS) announced plans to upgrade the systems behind the Cloud Video Platform (CVP) and the Video Hearings Service (VHS) (see: LNB News 12/07/2024 10). The update requires organisations to check, and possibly change, their firewall settings. Accordingly, organisations should review—and, where needed—adjust their firewall configurations. The revisions affect any area of practice that may involve attending a court hearing, and HMCTS has stated that these network changes must be in place by 28 September 2024. There is no requirement to delete existing IP addresses from current configurations (also known as the whitelist). Before joining a VHS hearing,...

Re AA (withdrawal of life-sustaining treatment: no best interests decision) [2024] EWCOP 39 (T3) What are the practical implications of this case? This judgment usefully and clearly reaffirms a number of fundamental principles that can at times be overlooked in serious medical treatment applications in the Court of Protection, namely: The court’s role is strictly confined to selecting between treatment choices actually available to the patient. Where a clinician offers no alternative option, there is no best interests decision for the court to determine on the patient’s behalf; A patient cannot demand that a doctor administer any particular treatment, and nor can the court compel it: see Re Y [2018] UKSC 46; It is an abuse of process to seek a best interests declaration under the MCA 2005 to try to persuade a clinician to provide treatment when none is being offered: see AVS v A NHS Foundation Trust and another [2011] EWCA Civ 7...

This Practice Note is archived and no longer updated or maintained. It outlines the differences introduced in the NEC4 standard form construction contracts when set against the NEC3 versions. It also summarises the changes from NEC3 across the standard forms. The spotlight is on the NEC4 Engineering and Construction Contract (ECC), though many ECC revisions mirror those rolled out across the broader NEC suite. Many of the points made in relation to the ECC are indicative of suite-wide adjustments. The NEC characterises NEC4 as an ‘evolution not revolution’, building on NEC3. The bulk of NEC4’s revisions appear aimed at embedding sound practice and/or cutting reliance on Z clauses (ie bespoke amendments). For further details on NEC contracts in general, including their structure, see Practice Note: NEC contracts—introduction. Publication of NEC4 The NEC4 contracts were issued by the Institution of Civil Engineers on 22 June 2017...

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Payments and price under the NEC Engineering and Construction Contract (ECC) This Practice Note examines how payments are made and how the contract sum is worked out under the NEC Engineering and Construction Contract (ECC). It sets out how each principal pricing option operates, how the price for the works is determined and how the risk of rising costs is allocated between the parties. For broader information on payment in construction contracts, see Practice Notes: Interim payments in construction contracts, Interim payments in construction contracts and The final account in construction and engineering contracts. This Practice Note addresses both NEC3 and NEC4 editions of the ECC. For consistency, the term ‘Client’ is used throughout this Practice Note, as that is the expression adopted for the developer/employer in NEC4 contracts (the NEC3 ECC uses the term ‘Employer’). The term ‘Scope’ is also used throughout this Practice Note, in line with the NEC4 ECC, to denote the document that specifies and describes the works the Contractor is to undertake (under the...