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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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In this issue: Practice and procedure Financial provision Private children Public children Costs Daily and weekly news alerts Lex Talk®Family: a Lexis®Nexis community New Q& As Updated content Useful information Practice and procedure Family Justice Council 16th annual debate A recording of the Family Justice Council’s 16th annual debate, held on 7 December 2023, can now be watched here. The proposition considered was ‘ Should cohabiting couples share equivalent financial rights and obligations to those who are married or in a Civil Partnership?’ No proprietary estoppel after informal Islamic divorce settlement ( Nilsson and another v Iqbal) In Nilsson v Iqbal [2024] EWHC 49 ( Ch), [2024] All ER ( D) 68 ( Jan), the court determined that Mrs Iqbal, formerly the Islamic wife of a bankrupt ( Mr Iqbal), could not establish a proprietary estoppel over the former matrimonial home. She alleged that, pre-bankruptcy, Mr Iqbal assured her she could keep the property as part of an oral...
Re H ( Step- Parent Adoption: Human Rights) [2023] EWHC 3186 ( Fam), [2023] All ER ( D) 165 ( Jul) What are the practical implications of this case? Had the step‑parent adoption not been granted, the child would have been left without any legal parent, despite his stepfather having raised him and acted as his de facto parent since the age of two. The child’s biological father, who left the mother during her pregnancy, did not hold parental responsibility. The child himself described to the court the routine, day‑to‑day difficulties he would face in the absence of a legal parent, including issues around signing permission slips for school activities and worries concerning his immigration and nationality status. Whilst the step‑parent adoption proceedings were ongoing, the court made in the applicant stepfather’s favour an interim child arrangements order and a...
North East London NHS Foundation Trust v Beatrice (by her litigation friend the Official Solicitor) and another ( No 2) [2023] EWCOP 60 What are the practical implications of this case? This is Mr Justice Mostyn’s assessment of B’s best interests, measuring the stark alternatives of life and death through five components [(1–5) below]. The two principal forces are: the robust presumption for preserving life, reflecting the categorical terms of Article 2 ECHR in both its mandatory and prohibitory dimensions, and the wording of MCA 2005, s 4(5) (paras [2, 3, 11]) a core facet of personal liberty— B’s wishes, feelings, beliefs and values. The Official Solicitor submitted, and Mostyn J “strongly agrees”, that the “fundamental precept” is that we are “free people entitled to live our lives as we choose, subject only to general lawful constraints”, even where capacity is absent (paras...
Re YM ( Care Proceedings) ( Clarification of Issues) [2024] EWCA Civ 71, [2024] All ER ( D) 53 ( Feb) What are the practical implications of this case? There are frequent situations in which a trial advocate, often in the immediate aftermath of a judgment, must decide whether to seek clarification of the trial judge’s findings. Harder still is judging how far to go. Where does one draw the boundary between a bona fide request to elucidate the judge’s reasoning and matters that properly belong in an appeal? Might the appellate court criticise a party for not first raising certain points with the trial judge before asking for permission to appeal? The touchstone is proportionality. Clarification ought to be requested only where it is required to grasp the judge’s conclusions on pivotal issues that inform decisions about a child’s future. Judges need not...
In this issue: Practice and procedure Gender recognition Financial provision Daily and weekly news alerts Lex Talk®Family: a Lexis®Nexis community New Q& As Updated content Useful information Practice and procedure UKSC publishes guidance on applying for help with fees The UK Supreme Court has issued guidance on applications for help with fees, covering applications made or fees paid from 27 November 2023. It explains eligibility, timing, and provides step-by-step notes for each question in the ‘help with fees’ form. See: LNB News 02/02/2024 64. Official Solicitor publishes new standard instructions for solicitors The Official Solicitor and Public Trustee has released standard instructions to support solicitors where the Official Solicitor acts as litigation friend for P, a protected party, or a child. The document outlines the solicitor’s responsibilities, the Official Solicitor’s approach, costs, expectations for hearings and...
Potanina v Potanin [2024] UKSC 3, [2024] All ER ( D) 126 ( Jan) What are the practical implications of this case? Under Part III of the MFPA 1984, courts in England and Wales possess the power to order financial remedies after an overseas divorce. By virtue of section 13 of that Act, permission must first be secured before an application for financial relief may properly be issued. The appeal scrutinised how the statutory leave, or permission, filter in the legislation ought to be read alongside the existing case law, and it examined fundamental principles of procedural fairness. A majority of the Supreme Court determined that the entrenched practice for addressing applications for leave had contravened the essential requirement of procedural fairness. The focus was procedural fairness at leave stage. Does it follow, therefore, that the outcome will be a reduction in parties seeking to...
Nilsson and another v Iqbal and another [2024] EWHC 49 ( Ch), [2024] All ER ( D) 68 ( Jan) What are the practical implications of the case? The decision confirms that a potential proprietary estoppel must be addressed even where it is not advanced by formal pleadings. The dispute was determined within a possession and sale application issued by Mr Iqbal’s trustee in bankruptcy, using an Insolvency Act 1986 application notice. Mrs Iqbal relied solely on witness statements to put forward a proprietary estoppel, without any application to serve formalised pleadings. The court nevertheless considered that defence and engaged with the point in its judgment. The ruling also serves as a reminder that unseating an express declaration of trust in a form TR1 is exceptionally challenging. The starting point is that such a declaration is conclusive. The three routes to displace the...
In this issue: Practice and procedure Financial provision Private children Public children International children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure President discusses transparency in the Family Court On 29 January 2024, Sir Andrew Mc Farlane, President of the Family Division, spoke about transparency in the family courts on Radio 4’s Today programme; listen here (from 1.07.50 onwards). HMCTS publishes blog on future of remote hearings HM Courts and Tribunals Service ( HMCTS) has shared a blog, Looking at the future of remote hearings, which explores the Video Hearings Service ( VHS) and the ways it has reshaped preparation for hearings. HMCTS highlights benefits including secure, private meeting rooms for judicial office holders to deliberate, and protected rooms for pre-hearing...
Y v Z [2024] EWFC 4 What are the practical implications of this case? Before determining the application, the court was taken through a series of authorities. Peel J concluded that those decisions do not reveal a standard tariff or an upper limit; instead, each application falls to be decided on its own facts and within its specific context, with context being decisive... Ch A 1989, Sch 1 empowers the court to order a settlement of property, commonly structured as a trust, licence or lease. Such arrangements preserve the payer’s ownership of the asset, whilst permitting the payee to live in the property with the children during their minority, or until the conclusion of tertiary education, as explained in Re A ( A Child: Financial Provision) [2014] EWCA Civ 1577, [2015] 2 FLR 625 and UD v DN ( Schedule 1, Children Act 1989; Capital...
Ministry of Justice: Consultation outcome: Supporting earlier resolution of private family law arrangements What is the background to the government’s response? The consultation opened on 23 March 2023 and closed on 15 June 2023. Its central proposals sought to help parents and carers sort out children and financial arrangements without turning to the courts, for example through pre-court parenting programmes. It also suggested, where appropriate, requiring parties to make a reasonable attempt at mediation before issuing a court application, alongside the potential use of cost orders. What are the key points in the government’s response? The response confirms plans for a pilot to fund early legal advice for parents. For those whose cases proceed in court, the investigative approach private law Pathfinder pilot (under FPR 2010, PD 36Z ( Pilot Scheme: Private Law Reform: Investigative Approach)) operating in North Wales and Dorset, aimed at reducing...
E v R and others [2023] EWFC 214 What are the practical implications of this case? The central message from this decision is that, although intended parents are not legally required to obtain a parental order, appreciating the particular composition of international families is crucial to pinpoint potential difficulties in other legal systems. Professional guidance should be taken overseas, ideally prior to conception and, in any event, before lodging any court application in this jurisdiction. Had the couple sought a parental order here without considering the knock-on effects for the child in Italy, the child might have faced serious, long-term consequences that could not easily be undone... What was the background? The matter concerned a gestational surrogacy arrangement in Argentina entered into by E and L, a male same-sex couple, with a surrogate who was a close family friend. E and L had been together since 2000 and...
In this issue: Practice and procedure Financial provision Public children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q& As Useful information Practice and procedure Family Court’s broad powers affirmed by the Court of Appeal ( Re K ( Children) ( Powers of the Family Court)) Re K ( Children) ( Powers of the Family Court) [2024] EWCA Civ 2 examined the constitution and authority of the Family Court, with the Court of Appeal giving unequivocal appellate backing to the President of the Family Division’s guidance (in 2014 and 2018/2021) on the court’s far-reaching powers. The decision therefore has relevance across the entirety of family proceedings and should be regarded as indispensable reading for practitioners. The circuit judge at first instance was wrong to conclude she lacked the...
Leicestershire County Council v Mother and others [2023] EWFC 174 What are the practical implications of this case? This judgment explored whether permanence for children can be secured through long‑term foster care and which considerations should guide the court when setting long‑term fostering against adoption. To make a placement order and allow a local authority to place a child for adoption, the court must be satisfied that nothing else will do; adoption is the avenue of last resort. The court confirmed that, where a placement is stable, long‑term fostering amounts to a permanent outcome and, in this matter, was the most fitting solution. In reaching its conclusion, the court surveyed key authorities and statutory provisions, including: Devon County Council v EB and others ( Minors ) [2013] EWHC 968 ( Fam) Re B ( A Child) [2013] UKSC 33, [2013] 2 FLR 1075 Section 1(3) of the Children Act 1989 ( Ch A...
H v GH [2023] EWFC 235, [2023] All ER ( D) 79 ( Dec) What are the practical implications of this case? This judgment clarifies the Family Court’s inherent power to alter the payment date of a lump sum order, but only where the postponement is slight or modest and does not undermine the core of the original order. Citing the leading authority, Masefield v Alexander [1995] 1 FLR 100, the judge noted the extension there was just five weeks, and concluded the husband’s request for two years was not modest; therefore, the court lacked jurisdiction to grant it. It also stands as a practical illustration of the Family Court’s strike-out jurisdiction under the Family Procedure Rules 2010 ( FPR 2010), SI 2010/2955, r 4.4(1), namely where a statement of case discloses no reasonable grounds for bringing or defending the...
What has been the impact of the first edition of the guide? We answer wearing our respective professional hats— Beverley writes as a practising solicitor working at the frontline and coalface of family breakdown cases, and Jonathan speaks not only as co-author of the Galbraith Tables, but as a frequently appointed Pensions on Divorce Expert ( PODE) offering specialist input in that capacity on divorces......
In this issue: Practice and procedure Relationship breakdown Public children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure HM Courts and Tribunals Service ( HMCTS) has refreshed its guidance on ‘ How to join a Cloud Video Platform ( CVP) hearing’ after the launch of an updated CVP version. See: LNB News 15/01/2024 33. The President of the Family Division, Sir Andrew Mc Farlane, has confirmed that the Transparency Implementation Group reporting pilot, first run in the Family Courts at Leeds, Cardiff and Careless, will be widened to 16 additional courts across England, with rollout beginning on 29 January 2024. See: LNB News 12/01/2024 71......
Re K ( Children) ( Powers of the Family Court) [2024] EWCA Civ 2, [2024] All ER ( D) 28 ( Jan) What are the practical implications of this case? Delivered by Sir Andrew Mc Farlane, President of the Family Division and Head of Family Justice, the leading ruling sets out a clear, accessible scheme for practitioners. It also offers practical assistance, in practice, whenever the powers of the Family Court, as opposed to those of the Family Division of the High Court, fall to be determined, and equally when the authority exercisable by a particular level of judge within the Family Court—whether lay justices, district judges, circuit judges—is challenged or needs clarification......
RN v DA [2023] EWFC 255 What are the practical implications of this case? This judgment provides guidance on the legal framework and the factors a court will consider when deciding whether to rescind a decree nisi or grant a decree absolute in cases under the pre‑ April 2022 divorce procedure, particularly where there has been delay in making the application for decree absolute. It also serves as a reminder of the reasons a court might refuse anonymity for the parties (none of which applied in this case) and offers considerations on the granting of costs orders in applications arising from divorce, as opposed to financial remedies......
HXA v Surrey County Council and another party [2023] UKSC 52, [2023] All ER ( D) 97 ( Dec) What are the practical implications of this case? The decision clarifies that, as a general rule, a local authority does not assume responsibility merely by carrying out its child protection functions in the course of its work. The Supreme Court nevertheless confirmed that an authority may, in the context of its social work activities, assume responsibility to shield a child from harm. Any such assumption is not confined to occasions where the authority has secured a care order in respect of the child concerned. It is also unnecessary to demonstrate particular reliance by the child on anything the authority said or did in order to establish that responsibility was assumed towards them. The judgment is therefore materially helpful to local authorities, and to their...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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