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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 Sole traders, informal partnerships and outdated partnership deeds are common.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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BC v BC [2025] EWFC 236 What are the practical implications of this case? The key takeaway for practitioners is to disregard paragraph 8 of the FRC Primary Principles, in particular its closing clause which states ‘and an assurance that offers were made on each side and an indication given’. Whether the FRC will issue a revised iteration of the Primary Principles to reflect Peel J’s ruling remains uncertain at this stage. Practitioners should likewise observe the effective bar on obliquely attributing fault for an unproductive p FDR by referring to a party having left the appointment after an indication was given, as such references amount to indirect blame. The ruling should, in turn, streamline the p FDR process and reduce the scope for satellite litigation that might otherwise follow, notably where no settlement is achieved. In essence, the only matters that should be...
In this issue: Public children Private children Financial provision Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts New content Updated content Useful information Public children Cafcass guidance on conflicting assessments in public law cases The Children and Family Court Advisory and Support Service ( Cafcass) has issued fresh guidance for local authorities and Cafcass where the children’s guardian’s views (and thus their independent advice to the court) differ significantly from the assessment of a local authority social worker and/or the independent reviewing officer on a child’s final care plan or interim arrangements. The guidance covers all children involved in care and supervision order applications under section 31 of the Children Act 1989 ( Ch A 1989), as well as deprivation of liberty applications. It outlines the steps to take whenever a divergence emerges during...
Helliwell v Entwistle [2025] EWCA Civ 1055 What are the practical implications of this case? This decision underscores how vital it is for both parties to make full and candid financial disclosure when negotiating a pre‑nuptial agreement, especially where the document states that such transparency will be provided yet one or both do not fully comply. It further makes clear that, before asking whether the parties ought to be held to the bargain, the court must first examine whether any vitiating elements exist, including duress, fraud, or misrepresentation. Where any such factor is found, the agreement should not stand. What was the background? The couple were in their early forties. The husband had been married before and had no children. He met the wife in 2016 and they married in July 2019. At that point, he worked at PWC as a chartered accountant, earning £120,000 a year. His net...
In this issue: Practice and procedure Relationship breakdown Public children Enforcement Financial provision Costs Daily and weekly news alerts New content Updated content New Q& As Useful information Practice and procedure Family Procedure Rules 2010 Practice Direction Update No 3 of 2025 The third update to the Family Procedure Rules 2010 Practice Directions in 2025 has been published, revising two current PDs: FPR 2010, PD 36Z ( Pilot Scheme: Private Law Reform: Investigative Approach) and FPR 2010, PD 12B ( Pilot: Private law reform: investigative approach), the latter being appended to PD 36Z. These PDs underpin the Pathfinder pilot. Pathfinder is testing, in chosen courts, a new way of handling specific private law cases concerning children, replacing the Child Arrangements Programme. The changes take effect on 14 August 2025. See: LNB News...
In this issue: Practice and procedure Public children Private children Financial provision Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure Event celebrating the 25th anniversary of the Civil Procedure Rule Committee and introducing the work of the Online Procedure Rule Committee. On 16 July 2025, the Master of the Rolls, Sir Geoffrey Vos, and Lord Justice Birss delivered speeches at a session hosted by the Ministry of Justice and The Law Society. The occasion marked 25 years of the Civil Procedure Rule Committee ( CPRC) and unveiled the public engagement activity undertaken by the Online Procedure Rule Committee ( OPRC). The Master of the Rolls set out the statutory basis for the OPRC and the digital justice system. The OPRC’s operations were also highlighted, including its role in drafting rules and...
In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Justice Committee launches new inquiry into access to justice The Justice Committee has opened a new inquiry into access to justice in England and Wales. MPs on the cross-party committee, chaired by Labour MP Andy Slaughter, will assess the current condition of the legal services and representation market, and how this, together with operational pressures, shapes access to justice. The committee is inviting written evidence on access to justice via its website, addressing any or all points in the terms of reference, by 30 September 2025... New family presiding judges appointed The Lady Chief Justice, with the concurrence of the Lord Chancellor, has announced two family presiding judge...
Re S ( Placement Order Contact) [2025] EWCA Civ 823 In practical terms, what does this case signify?...
Standish ( Appellant) v Standish ( Respondent) [2025] UKSC 26 What are the practical implications of this case? This is the first occasion since Miller v Miller; Mc Farlane v Mc Farlane [2006] UKHL 24, [2006] 1 FLR 1186 that the nation’s highest court has revisited the substantive financial remedies law of England and Wales. In contrast to that judgment and its predecessor ( White v White [2000] UKHL 54, [2000] 2 FLR 981), Standish gives little attention to the companion ‘strands’ of needs and compensation—its spotlight rests squarely on the sharing principle, and it will therefore be of primary interest to practitioners advising high net worth and ultra-high net worth clients, for whom it is essential reading. The most immediate practical effects are likely to be felt in wealth planning, not least given the general dicta on assets transferred for tax reasons, ie such...
In this issue: Practice and procedure Emergency procedures Public children Private children Financial provision International children Daily and weekly news alerts Updated content Useful information Practice and procedure Family Procedure Rules 2010 Practice Direction Update No 2 of 2025 The second Practice Direction Update to the Family Procedure Rules 2010 ( FPR 2010) in 2025 has now been published. It revises FPR 2010, PD 36ZA and introduces a further Practice Direction, FPR 2010, PD 36ZI, which will take effect on 14 July 2025. The new Practice Direction, FPR 2010, PD 36ZI, augments FPR 2010, SI 2010/2955, r 36.2 ( Transitional Arrangements and Pilot Schemes) to support a pilot for notifying the police whenever the court makes, varies, or extends a relevant non-molestation order. Under the pilot, notification to the police will be delivered by automated...
What recent changes to family law in the UAE do practitioners need to be aware of? The UAE has unveiled far‑reaching reforms to its family law regime, reshaping the rules for Muslim and non‑ Muslim residents alike. In line with a drive to modernise while honouring cultural and religious values, lawyers must now operate within a dual track: Islamic principles apply to Muslims, while a distinct civil, secular system governs, separately, foreigners and non‑ Muslims. A key development at federal level is Federal Decree‑ Law No. 41 of 2022, which took effect on 1 February 2023 and established a civil personal status framework for non‑ Muslims heard before the Personal Status Court. The statute addresses marriage, divorce, child custody and inheritance, seeking greater harmony with international standards. Crucially, it recognises no‑fault divorce, enabling either spouse to end the marriage...
What are the practical implications of this case? The decision provides welcome clarity on the reach of Ch A 1989, ss 37(1) and 38(1)(b), in scenarios familiar to many practitioners. It also reiterates the procedural protections that require public law orders—other than emergency protection orders—to be made only after respondents are duly notified, including being served with the evidential material on which the local authority depends. The Court of Appeal examined the text of the pertinent provisions of Ch A 1989 together with the Family Proceedings Rules 1991—operative when those provisions took effect and later superseded by the Family Procedure Rules 2010, SI 2010/2955—and the relevant authorities, setting out the reasons for a restrictive reading of Ch A 1989, s 37. What was the background? Baby E arrived in December 2024 and was, for a period, cared for by her mother’s sister ( A), A’s partner ( B), and...
Surrey County Council v R (on the application of BC) [2025] EWCA Civ 719 What are the practical implications of this case? The practical effects for practitioners are set out below and are as follows: a reiteration of the court’s stance that deciding whether a young person sits within the ‘child in need’ category, and whether accommodation is required by reference to section 20, are questions entrusted to the professional judgement, appraisal and evaluation of a social worker as part of their role in this case where a social worker’s expert judgement concludes a young person’s needs are fully capable of being met through non-statutory early help rather than statutory provision, that assessment is ever susceptible to challenge only on Wednesbury grounds (as was the position in this case) the child’s age dictates the weight to be given to their views. Here, BC was seventeen, so...
Re P ( A Child) ( Financial Provision: s 423 Insolvency Act 1986) [2025] EWHC 1460 ( Fam) What are the practical implications of this case? This ruling serves as a timely reminder of the strength of section 423 of the Insolvency Act 1986 ( IA 1986) as a mechanism to defeat transactions that could disadvantage an applicant’s financial claims—especially in Schedule 1 Children Act 1989 ( Ch A 1989) cases where relief under section 37 of the Matrimonial Causes Act 1973 ( MCA 1973) is not available. It emphasises the court’s capacity, when determining a Schedule 1 application, to rely on IA 1986, ss 423–425 to unwind the kinds of dealings that parties (such as the father in this matter) may arrange to frustrate the applicant’s financial position. The IA 1986, s 423 jurisdiction can also be valuable even where MCA 1973, s 37 might...
In this issue: Private children Public children Financial provision International children New content Updated content Daily and weekly news alerts Useful information Private children Appeal against finding of fact ( Re: A ( A Child) ( Appeal: Finding of Rape)) In Re: A ( A Child) ( Appeal: Finding of Rape) [2025] EWHC 1500 ( Fam), the High Court considered a father’s appeal against findings of fact, centred on an allegation of rape. The case involved two children, with the paternity of the younger in dispute. The mother maintained the relationship ended following an alleged rape, which she said took place two months before the conception of the child at the heart of the disagreement. The court below held that the father was the child’s biological parent and also concluded that he raped the mother while she was asleep on 30...
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 (...
In this issue: Practice and procedure Public children Financial provision International children Daily and weekly news alerts New content Updated content New Q& As Useful information Practice and procedure Online Procedure Rule Committee meeting minutes Minutes from the Online Procedure Rule Committee’s meeting held on 12 May 2025 are now available. Lord Reed and Lord Hodge give evidence to the Lords Constitution Committee On 4 June 2025, the Supreme Court’s President and Deputy President, Lord Reed and Lord Hodge, appeared for their annual evidence session before the Lords Constitution Committee. The discussion covered the court’s judicial work, its responsibility for upholding the rule of law, and its outreach and international activity. They addressed challenges including misinformation, access to justice, and the effects of AI on the legal system. Responding to allegations of ‘judicial activism’ in both the European Court of Human...
In this issue: Practice and procedure Public children Private children Financial provision International children Daily and weekly news alerts Updated content New Q& As Useful information Practice and procedure Speech by Mr Justice Nicklin: Open Justice— Fit for Purpose Mr Justice Nicklin, who chairs the Judiciary’s Transparency and Open Justice Board, delivered an address on 5 June 2025 exploring open justice and whether current arrangements are truly fit for purpose. Migration Advisory Committee publishes family visa financial requirements review The Migration Advisory Committee ( MAC) has issued its report on the minimum income requirement ( MIR) for the partner migration route. It advises that the MIR should not be aligned with the Skilled Worker route, proposes alternative calculation methods that could be adopted, and suggests improvements to how compliance with the MIR is evidenced. See: LNB News...
In this issue: Practice and procedure Emergency procedures Private children International children Lex Talk®Family: a Lexis®Nexis community Daily and weekly news alerts Updated content Useful information Practice and procedure Capacity, conduct and costs ( R (an the application of Aina Khan Law Ltd) v The Legal Ombudsman) In R (an the application of Aina Khan Law Ltd) v The Legal Ombudsman [2025] EWHC 1319 ( Admin), the High Court considered a judicial review brought by the firm. The firm had begun acting for the interested party, the wife, after her husband issued family proceedings in September 2020. From the outset there were signs of mental health difficulties and ongoing medication. During September/ October 2020 the firm sought input from counsel and the wife’s psychiatrist about her capacity. In November 2020 a...
Mr and Mrs K v Mr and Mrs Z [2025] EWHC 927 ( Fam) What are the practical implications of this case? This decision has concrete practical significance, as Knowles J has added three further points to the non‑exhaustive list set out by Mrs Justice Theis in Re Z ( Foreign Surrogacy) [2024] EWFC 304, [2025] 1 FLR 900, a list which was then further developed by the President in Re Z ( Unlawful Foreign Surrogacy: Adoption) [2025] EWHC 339 ( Fam), for consideration by intended parents when they contemplate international surrogacy. Those considerations are expressed as practical questions: what measures have the intended parents taken in relation to estate planning — both before and after a parental order — to secure the child’s future welfare? what steps have the intended parents made regarding future care and financial...
In this issue: Practice and procedure Private children Costs International children Daily and weekly news alerts Updated content Useful information Practice and procedure What are the implications of the FJC guidance on covert recordings in children proceedings? The Family Justice Council ( FJC) has issued its definitive guidance on covert recordings in family cases concerning children. Amy Baugh, associate at Steele Raymond LLP, outlines the core principles for courts and practitioners, how best to advise clients who have made clandestine recordings, the dangers of drawing such material to the court’s attention, and the process for applying to rely on it, in What are the implications of the FJC guidance on covert recordings in children proceedings? Anonymisation of parents' names in care proceedings ( A Local Authority v X and others) In A Local Authority v X and others [2025] EWFC 126, the...
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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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