This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. District judges can refer matters to judges, and additional requirements apply for certain types of applications, such as including draft orders or financial details. The document provides guidance on issues like requesting hearings, serving notices, dealing with applications without notice, evidence requirements, consent orders, and costs.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, responding to requests, and seeking expedited hearings when grounds for urgency arise.
This document outlines procedures for government departments to disclose addresses to assist with:
1) Tracing addresses of individuals to enforce financial orders or obtain child custody
2) Tracing missing children or individuals they may be with for child abduction cases
It provides guidance on the information to include in requests and which departments may have relevant records, such as the Department of Social Security, National Health Service, Passport Office, and Ministry of Defence.
Grounds of detention under cofeposa is valid even if one of grounds is legall...CS (Dr)Rajeev Babel
My article displayed by the well known publisher MANUPATRA on 23rd February, 2017.
http://www.manupatrafast.com/articles/
The purpose behind the enactment of the COFEPOSA was to provide for preventive detention in certain cases for the purposes of conservation and augmentation of Foreign Exchange and prevention of smuggling activities and for matters connected therewith. The Supreme Court, in its landmark decision very well interpreted section 3 read with section 5A of the COFEPOSA and opined that where the detention order is based on more than one grounds, independent of each other, then detention order will still survive even if one of grounds found is non-existing or legally unsustainable.
Section 321 of the Indian Code of Criminal Procedure allows the public prosecutor conducting a case to withdraw from prosecution with the court's permission. This effectively stops the prosecution of the case. Key points:
- Withdrawal must be approved by the central/state government for certain serious offenses.
- It results in the accused being discharged if before charging, or acquitted if after. This bars retrial.
- Withdrawal relies on the prosecutor alone, while composition under Section 320 requires both parties' consent.
- The prosecutor must apply their mind independently and not be influenced when seeking withdrawal.
- Withdrawal is intended to further public justice, peace, security or prevent false prosecutions.
Points to be kept in mind while deciding sessions trialLegal
This document might provide some help to those who are dealing with Sessions Trial in Indian Courts. All care is taken to cover all points but if you find some mistake or some addition or deletion is required to me made, please inform me by e-mail:- hanifkaiz@yahoo.in
This document outlines procedures for cases involving the Gender Recognition Act 2004. It provides guidance on (1) titling cases where a party has changed their name, describing parties by initials only in court lists; and (2) allowing evidence in undefended annulment cases based on interim gender recognition certificates to be given via affidavit rather than requiring a court appearance. The document applies to proceedings begun after April 2005, or earlier if protected information under the Act is involved, and includes an appendix with an example affidavit form.
This document outlines procedures for partition actions according to the Partition Law of 1977 in Cyprus. It discusses who can institute a partition action to divide or sell commonly owned land, that such actions must be filed in the appropriate district court, and requisites of the plaint or complaint. It also specifies necessary parties to the action, requirements to file a lis pendens notice with the land registry, and procedures after the plaint is accepted, including depositing estimated costs of a preliminary survey, determining actual costs, and the registrar reporting registration of the lis pendens.
This order from a district court concerns a motion to dismiss or for summary judgment that has been filed in a civil case. As one of the defendants is representing himself without an attorney, the court directs the clerk to send him materials to explain summary judgment procedure and relevant extracts from Rules 12 and 56. The defendants have 34 days to respond to the motion. The order also provides guidance on the requirements for affidavits submitted in opposition to summary judgment.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, responding to requests, and seeking expedited hearings when grounds for urgency arise.
This document outlines procedures for government departments to disclose addresses to assist with:
1) Tracing addresses of individuals to enforce financial orders or obtain child custody
2) Tracing missing children or individuals they may be with for child abduction cases
It provides guidance on the information to include in requests and which departments may have relevant records, such as the Department of Social Security, National Health Service, Passport Office, and Ministry of Defence.
Grounds of detention under cofeposa is valid even if one of grounds is legall...CS (Dr)Rajeev Babel
My article displayed by the well known publisher MANUPATRA on 23rd February, 2017.
http://www.manupatrafast.com/articles/
The purpose behind the enactment of the COFEPOSA was to provide for preventive detention in certain cases for the purposes of conservation and augmentation of Foreign Exchange and prevention of smuggling activities and for matters connected therewith. The Supreme Court, in its landmark decision very well interpreted section 3 read with section 5A of the COFEPOSA and opined that where the detention order is based on more than one grounds, independent of each other, then detention order will still survive even if one of grounds found is non-existing or legally unsustainable.
Section 321 of the Indian Code of Criminal Procedure allows the public prosecutor conducting a case to withdraw from prosecution with the court's permission. This effectively stops the prosecution of the case. Key points:
- Withdrawal must be approved by the central/state government for certain serious offenses.
- It results in the accused being discharged if before charging, or acquitted if after. This bars retrial.
- Withdrawal relies on the prosecutor alone, while composition under Section 320 requires both parties' consent.
- The prosecutor must apply their mind independently and not be influenced when seeking withdrawal.
- Withdrawal is intended to further public justice, peace, security or prevent false prosecutions.
Points to be kept in mind while deciding sessions trialLegal
This document might provide some help to those who are dealing with Sessions Trial in Indian Courts. All care is taken to cover all points but if you find some mistake or some addition or deletion is required to me made, please inform me by e-mail:- hanifkaiz@yahoo.in
This document outlines procedures for cases involving the Gender Recognition Act 2004. It provides guidance on (1) titling cases where a party has changed their name, describing parties by initials only in court lists; and (2) allowing evidence in undefended annulment cases based on interim gender recognition certificates to be given via affidavit rather than requiring a court appearance. The document applies to proceedings begun after April 2005, or earlier if protected information under the Act is involved, and includes an appendix with an example affidavit form.
This document outlines procedures for partition actions according to the Partition Law of 1977 in Cyprus. It discusses who can institute a partition action to divide or sell commonly owned land, that such actions must be filed in the appropriate district court, and requisites of the plaint or complaint. It also specifies necessary parties to the action, requirements to file a lis pendens notice with the land registry, and procedures after the plaint is accepted, including depositing estimated costs of a preliminary survey, determining actual costs, and the registrar reporting registration of the lis pendens.
This order from a district court concerns a motion to dismiss or for summary judgment that has been filed in a civil case. As one of the defendants is representing himself without an attorney, the court directs the clerk to send him materials to explain summary judgment procedure and relevant extracts from Rules 12 and 56. The defendants have 34 days to respond to the motion. The order also provides guidance on the requirements for affidavits submitted in opposition to summary judgment.
The document discusses the maintainability of an appeal filed against an order of acquittal confirmed by the Sessions Court invoking Section 372 of the CrPC. It frames 7 questions on this issue for consideration by a Full Bench. It discusses the relevant law provisions including Sections 372, 374, 378, 397 and 401 of the CrPC. It summarizes key case laws on the topic and concludes by discussing the legal concepts of 'actus curiae neminem gravabit' and precedents.
The document summarizes UAE's Civil Procedure Code related to arbitration. Some key points:
1. Parties to a contract can agree in writing to refer any disputes to arbitration. Arbitration is not permitted for matters that cannot be reconciled or for disputes over rights parties are not legally entitled to dispose of.
2. If an arbitrator refuses or is unable to serve, the court will appoint a replacement at the request of one of the parties.
3. Arbitrators must issue an award in writing within 6 months unless parties agree to an extension. The award must be approved by the court to be enforced. Parties can request to nullify the award for specific reasons.
This document summarizes the process and requirements for appeals according to Part 30 of the Family Procedure Rules. It outlines which courts appeals can be made to depending on the original deciding court. It also describes the grounds and process for obtaining permission to appeal, including submitting reasons for appeal and relevant documentation to the appeals court. Permission is required to appeal decisions of district judges or costs judges. The document provides guidance on procedures for permission hearings and reconsideration of permission refusals.
The court allowed the appellant's appeal to execute a judgment obtained in 1999 against the respondents. The court found that the appellant provided sufficient reasons for the delay in execution, including the respondents' appeals up to the Federal Court and a related suit filed by one respondent. The court also found that the respondents' actions induced the appellant's delay and they could not rely on limitation statutes. Finally, the appellant did not seek additional interest for the delay so there was no prejudice to the respondents. The court upheld the equitable maxim that "equity assists the diligent, not the tardy."
This document provides guidance on serving documents related to family court proceedings within the jurisdiction of England and Wales. It supplements the Family Procedure Rules regarding service of applications for matrimonial or civil partnership orders, as well as other documents. The document outlines requirements for methods of service including by post, document exchange, fax, and electronic means. It also provides examples of calculating deemed service dates and guidance on serving applications on children and protected parties.
The document discusses the wide powers that trial courts have under Section 173(8) of the Code of Criminal Procedure to order re-investigations and investigate further during criminal trials. It notes that trial courts can charge new accused persons and summon them if the court believes they may have been involved in the offense based on evidence presented. However, the document argues that trial courts do not always make full use of these powers and provides several examples from a specific case where important witnesses were not examined or summoned. It emphasizes that courts have a duty to actively oversee proceedings and ensure a fair trial, rather than just acting as passive observers. The document advocates that trial courts should play a more proactive role in collecting evidence to arrive at the truth
Virginia Rules of The Court. http://www.gloucestercounty-va.com Virginia rules of the court. Information you may need to know especially if you are going to handle your case pro se. Visit us.
This document summarizes a court case in Sri Lanka regarding whether filing an appeal automatically stays the execution of a High Court judgment.
(1) The case involved a land dispute between two brothers that was determined by a Magistrate's Court and then revised by the High Court. The petitioner appealed the High Court's judgment to the Court of Appeal.
(2) There were conflicting views on whether an appeal automatically stays execution. The Court examined this issue and relevant precedents. It determined that under the Primary Courts Procedure Act, an appeal does not automatically stay execution of a High Court judgment issued in revision of a determination under the Act.
(3) The Court found the prior cases relied too heavily on applic
Jethmal Himmatmal Jain And Others Vs State Of Maharashtra On 12 March, 1981 (1)msdhillon72
This document summarizes a court order regarding a petition filed to quash criminal proceedings against employees of a chemist shop. The key details are:
1. Police raided the chemist shop in 1974 and seized misbranded and substandard drugs. A complaint was filed in 1977, more than 3 years later.
2. The petitioners argued the court had no jurisdiction to take cognizance due to the delay without first condoning it. However, the court did not explicitly condone the delay.
3. The court order examines the relevant code sections on limitation of periods. It holds that condoning delay is a prerequisite for cognizance. As the court did not record condon
The Appellant And His Father Were Charged Umsdhillon72
The appellant and his father were convicted under the Prevention of Food Adulteration Act for adulterating chili powder. The High Court dismissed the appeal against the father's acquittal but allowed the state's appeal regarding the inadequacy of the appellant's sentence, enhancing it. The Supreme Court allowed the appellant's appeal. It held that: (1) High Courts still have suo moto powers of revision to enhance sentences under the Code of Criminal Procedure; (2) the state's appeal against the inadequate sentence was valid; and (3) the High Court could not alter the conviction to impose a graver sentence.
Writ, service, appearance & judgment in default (2017-2018)Intan Muhammad
Writ - includes endorsement , transfer, issuance of writ
Service - includes substitute/personal service, serve based on contract, serve to solicitor / partnership, AOS
Appearance - includes how and when to insert appearance
JID - includes type and proof of services
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document outlines rules for petitions for the declaration of absolute nullity of void marriages and annulment of voidable marriages in the Philippines. It discusses who can file petitions, where they must be filed, requirements for petitions, the summons and service process, answers to petitions, investigations for collusion, social worker reports, mandatory pre-trial procedures, trial procedures, and memoranda. Key aspects include that petitions must be filed in family court and include all relevant facts, respondents have time limits to file answers, investigations are done for potential collusion between parties, and strict pre-trial and trial procedures are followed to determine the validity of the marriages.
This document summarizes the process for appealing court decisions in Kansas. It discusses the types of rulings that can be appealed as of right, such as final judgments, injunctions, and orders involving the constitution. It also outlines the process for appealing these decisions, which involves filing a notice of appeal within 30 days. The document also discusses appealing interlocutory orders by permission, which requires the trial court to state the order involves a controlling legal issue and could expedite the case, and then filing an application for permission to appeal within 14 days. The appellate courts in Kansas are limited to reviewing questions of law and whether facts are supported by evidence.
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
This Practice Direction provides guidance for using the Part 19 procedure for certain family court applications. It outlines what types of applications must or can use the Part 19 procedure, how applicants and respondents should submit documents, and how the court will manage the applications. Key points include that the Part 19 procedure must be used for applications regarding adopted persons' information or fathers without parental responsibility, can be used if no prescribed form or if the application involves no substantial factual disputes, and involves submitting evidence with initial filings or within defined time periods.
This document summarizes Practice Direction 12A, which provides guidance on case management for public law proceedings in family court. It outlines the key tools and principles for actively managing cases, including setting a Timetable for the Child, maintaining judicial continuity, using case management orders and documentation, and holding case management conferences and issue resolution hearings. The goal is to deal with cases justly and expeditiously while focusing on the welfare of the child. Parties are expected to cooperate and help the court further the overriding objective of a timely and fair resolution.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, communicating with other parties, and seeking court orders in a timely manner at different stages of proceedings.
This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. The document outlines additional requirements for application notices depending on the type of application. It provides guidance on issues like serving notices, dealing with applications without a hearing, evidence, consent orders and costs.
This document outlines the Family Procedure Rules 2010 which came into force on 6 April 2011. It provides definitions for key terms used in family court proceedings in England and Wales. It establishes the overriding objective of dealing with family cases justly and helping parties resolve matters efficiently. It also outlines the court's duty to actively manage cases.
This document summarizes the nature and procedures of inherent jurisdiction proceedings in family court, which allow the court to make orders to protect the welfare of children. It discusses the court's ability to make injunctions and place children under wardship. It also outlines procedures for transferring cases to county court, parties that can be involved, permission needed for removing wards from jurisdiction, conducting criminal proceedings involving wards, making compensation claims on their behalf, and the role of the tipstaff in enforcing court orders.
This practice direction provides guidance for courts on cases involving domestic violence and contact or residence orders, emphasizing the need to identify and address domestic violence issues promptly, to hold fact-finding hearings where needed, and to only make contact orders if the child's safety can be ensured, with consideration of things like supervision and conditions.
The document discusses the maintainability of an appeal filed against an order of acquittal confirmed by the Sessions Court invoking Section 372 of the CrPC. It frames 7 questions on this issue for consideration by a Full Bench. It discusses the relevant law provisions including Sections 372, 374, 378, 397 and 401 of the CrPC. It summarizes key case laws on the topic and concludes by discussing the legal concepts of 'actus curiae neminem gravabit' and precedents.
The document summarizes UAE's Civil Procedure Code related to arbitration. Some key points:
1. Parties to a contract can agree in writing to refer any disputes to arbitration. Arbitration is not permitted for matters that cannot be reconciled or for disputes over rights parties are not legally entitled to dispose of.
2. If an arbitrator refuses or is unable to serve, the court will appoint a replacement at the request of one of the parties.
3. Arbitrators must issue an award in writing within 6 months unless parties agree to an extension. The award must be approved by the court to be enforced. Parties can request to nullify the award for specific reasons.
This document summarizes the process and requirements for appeals according to Part 30 of the Family Procedure Rules. It outlines which courts appeals can be made to depending on the original deciding court. It also describes the grounds and process for obtaining permission to appeal, including submitting reasons for appeal and relevant documentation to the appeals court. Permission is required to appeal decisions of district judges or costs judges. The document provides guidance on procedures for permission hearings and reconsideration of permission refusals.
The court allowed the appellant's appeal to execute a judgment obtained in 1999 against the respondents. The court found that the appellant provided sufficient reasons for the delay in execution, including the respondents' appeals up to the Federal Court and a related suit filed by one respondent. The court also found that the respondents' actions induced the appellant's delay and they could not rely on limitation statutes. Finally, the appellant did not seek additional interest for the delay so there was no prejudice to the respondents. The court upheld the equitable maxim that "equity assists the diligent, not the tardy."
This document provides guidance on serving documents related to family court proceedings within the jurisdiction of England and Wales. It supplements the Family Procedure Rules regarding service of applications for matrimonial or civil partnership orders, as well as other documents. The document outlines requirements for methods of service including by post, document exchange, fax, and electronic means. It also provides examples of calculating deemed service dates and guidance on serving applications on children and protected parties.
The document discusses the wide powers that trial courts have under Section 173(8) of the Code of Criminal Procedure to order re-investigations and investigate further during criminal trials. It notes that trial courts can charge new accused persons and summon them if the court believes they may have been involved in the offense based on evidence presented. However, the document argues that trial courts do not always make full use of these powers and provides several examples from a specific case where important witnesses were not examined or summoned. It emphasizes that courts have a duty to actively oversee proceedings and ensure a fair trial, rather than just acting as passive observers. The document advocates that trial courts should play a more proactive role in collecting evidence to arrive at the truth
Virginia Rules of The Court. http://www.gloucestercounty-va.com Virginia rules of the court. Information you may need to know especially if you are going to handle your case pro se. Visit us.
This document summarizes a court case in Sri Lanka regarding whether filing an appeal automatically stays the execution of a High Court judgment.
(1) The case involved a land dispute between two brothers that was determined by a Magistrate's Court and then revised by the High Court. The petitioner appealed the High Court's judgment to the Court of Appeal.
(2) There were conflicting views on whether an appeal automatically stays execution. The Court examined this issue and relevant precedents. It determined that under the Primary Courts Procedure Act, an appeal does not automatically stay execution of a High Court judgment issued in revision of a determination under the Act.
(3) The Court found the prior cases relied too heavily on applic
Jethmal Himmatmal Jain And Others Vs State Of Maharashtra On 12 March, 1981 (1)msdhillon72
This document summarizes a court order regarding a petition filed to quash criminal proceedings against employees of a chemist shop. The key details are:
1. Police raided the chemist shop in 1974 and seized misbranded and substandard drugs. A complaint was filed in 1977, more than 3 years later.
2. The petitioners argued the court had no jurisdiction to take cognizance due to the delay without first condoning it. However, the court did not explicitly condone the delay.
3. The court order examines the relevant code sections on limitation of periods. It holds that condoning delay is a prerequisite for cognizance. As the court did not record condon
The Appellant And His Father Were Charged Umsdhillon72
The appellant and his father were convicted under the Prevention of Food Adulteration Act for adulterating chili powder. The High Court dismissed the appeal against the father's acquittal but allowed the state's appeal regarding the inadequacy of the appellant's sentence, enhancing it. The Supreme Court allowed the appellant's appeal. It held that: (1) High Courts still have suo moto powers of revision to enhance sentences under the Code of Criminal Procedure; (2) the state's appeal against the inadequate sentence was valid; and (3) the High Court could not alter the conviction to impose a graver sentence.
Writ, service, appearance & judgment in default (2017-2018)Intan Muhammad
Writ - includes endorsement , transfer, issuance of writ
Service - includes substitute/personal service, serve based on contract, serve to solicitor / partnership, AOS
Appearance - includes how and when to insert appearance
JID - includes type and proof of services
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
This document outlines rules for petitions for the declaration of absolute nullity of void marriages and annulment of voidable marriages in the Philippines. It discusses who can file petitions, where they must be filed, requirements for petitions, the summons and service process, answers to petitions, investigations for collusion, social worker reports, mandatory pre-trial procedures, trial procedures, and memoranda. Key aspects include that petitions must be filed in family court and include all relevant facts, respondents have time limits to file answers, investigations are done for potential collusion between parties, and strict pre-trial and trial procedures are followed to determine the validity of the marriages.
This document summarizes the process for appealing court decisions in Kansas. It discusses the types of rulings that can be appealed as of right, such as final judgments, injunctions, and orders involving the constitution. It also outlines the process for appealing these decisions, which involves filing a notice of appeal within 30 days. The document also discusses appealing interlocutory orders by permission, which requires the trial court to state the order involves a controlling legal issue and could expedite the case, and then filing an application for permission to appeal within 14 days. The appellate courts in Kansas are limited to reviewing questions of law and whether facts are supported by evidence.
The civil proceeding in Bangladesh in an adversarial system which means the whole process is a contest between two parties, namely, plaintiff and defendant. The court plays non partisan role. Civil proceedings is regulated by the Code of Civil Procedure, 1908. The various stages of Civil proceeding may be discussed under the following heads:
a) Pre-trial stage
b) Trial stage
c) Post Trial stage
This Practice Direction provides guidance for using the Part 19 procedure for certain family court applications. It outlines what types of applications must or can use the Part 19 procedure, how applicants and respondents should submit documents, and how the court will manage the applications. Key points include that the Part 19 procedure must be used for applications regarding adopted persons' information or fathers without parental responsibility, can be used if no prescribed form or if the application involves no substantial factual disputes, and involves submitting evidence with initial filings or within defined time periods.
This document summarizes Practice Direction 12A, which provides guidance on case management for public law proceedings in family court. It outlines the key tools and principles for actively managing cases, including setting a Timetable for the Child, maintaining judicial continuity, using case management orders and documentation, and holding case management conferences and issue resolution hearings. The goal is to deal with cases justly and expeditiously while focusing on the welfare of the child. Parties are expected to cooperate and help the court further the overriding objective of a timely and fair resolution.
This document outlines procedures for applications relating to matrimonial and civil partnership proceedings in court. It discusses requirements for filing applications, providing proof of marriage or civil partnership, amendments to applications, requests for further information, disclosure of documents, and expediting decrees absolute or final orders in cases where needed. The document provides guidance on following the appropriate processes and forms, obtaining necessary documentation, communicating with other parties, and seeking court orders in a timely manner at different stages of proceedings.
This document provides guidance on making applications to family courts in England and Wales. It supplements Part 18 of the Family Procedure Rules. Applications should generally be made under Part 18, except when other parts provide specific application procedures. The document outlines additional requirements for application notices depending on the type of application. It provides guidance on issues like serving notices, dealing with applications without a hearing, evidence, consent orders and costs.
This document outlines the Family Procedure Rules 2010 which came into force on 6 April 2011. It provides definitions for key terms used in family court proceedings in England and Wales. It establishes the overriding objective of dealing with family cases justly and helping parties resolve matters efficiently. It also outlines the court's duty to actively manage cases.
This document summarizes the nature and procedures of inherent jurisdiction proceedings in family court, which allow the court to make orders to protect the welfare of children. It discusses the court's ability to make injunctions and place children under wardship. It also outlines procedures for transferring cases to county court, parties that can be involved, permission needed for removing wards from jurisdiction, conducting criminal proceedings involving wards, making compensation claims on their behalf, and the role of the tipstaff in enforcing court orders.
This practice direction provides guidance for courts on cases involving domestic violence and contact or residence orders, emphasizing the need to identify and address domestic violence issues promptly, to hold fact-finding hearings where needed, and to only make contact orders if the child's safety can be ensured, with consideration of things like supervision and conditions.
This document provides guidance on serving documents related to family court proceedings within the jurisdiction of England and Wales. It supplements the Family Procedure Rules regarding service of applications and other documents. The document outlines acceptable methods of service, including by post, document exchange, fax, and electronic means. It provides examples of calculating deemed service dates. It also provides guidance on serving applications on children and protected parties, as well as requesting personal service by bailiff.
This Practice Direction provides guidance on taking witness evidence in the UK and abroad for legal proceedings in England and Wales. It addresses topics such as issuing witness summonses, conducting witness depositions domestically and through letters of request to other countries when the Taking of Evidence Regulation does not apply. The Direction supplements Part 24 of the Family Procedure Rules.
This document provides guidance on the use of expert witnesses and assessors in family court proceedings in England and Wales. It supplements the Family Procedure Rules regarding experts. The guidance aims to help the court obtain expert opinions to answer questions outside the court's expertise, while encouraging full disclosure between parties and experts. Permission is generally required from the court to instruct an expert or submit expert evidence. Experts have a duty to the court that takes precedence over other obligations. The content and format of expert reports is also outlined.
This practice direction provides guidance for applications made under Part 4 of the Family Law Act 1996. It addresses applications made by children under 16, privacy considerations, warrants of arrest, attendance of arresting officers, bail applications, and remand for medical examination.
This document summarizes research on using heat pipes to control cooling in permanent molds for casting aluminum alloys. Heat pipes can selectively cool specific locations at specific times by transferring heat through phase changes without moving parts. Researchers at McGill University developed a water-based McGill Heat Pipe that can handle heat fluxes over 1 MW/m2. Testing showed heat pipes refined the microstructure and reduced the dendrite arm spacing of aluminum alloy castings compared to uncooled molds. The technology has applications for cooling permanent molds, reducing superheat in continuous casters, and cooling electrolytic cells and furnace off-gases.
The student learned several key lessons from their preliminary school magazine task that helped improve their final music magazine product. They researched other magazines to understand typical conventions. For the cover, they made it more professional by aligning elements and including a relevant image. On the contents page, they included multiple images to make the layout more interesting. For the double page spread, they added columns to make it easier to read and used their own images to have more control over the design. Overall, the student gained valuable experience that helped them create a higher quality final magazine product.
This document provides summaries of forms used in family court proceedings in England and Wales. It lists the forms, organized by the relevant part of the Family Procedure Rules. It includes tables listing the forms and providing brief descriptions of each form's purpose. The document also provides guidance on modifying and expanding the forms while still including all essential information.
This practice direction provides guidance on preparing court bundles for family law cases in courts other than the Family Proceedings Court. It specifies requirements for contents, format, timelines for preparation and lodging, and potential penalties for non-compliance. Key requirements include dividing documents into sections, providing preliminary documents with summaries and statements, and lodging the bundle with the court at least two days before the hearing. Non-compliance may result in costs penalties or the case being removed from the list.
This document provides an overview of mathematical modeling and analysis techniques for mechanical engineering design. It discusses what mathematical models are, how they are used for simulation, prediction, design evaluation, and control system design. It defines systems and variables, and covers dynamic and linear time-invariant systems. Modeling techniques like differential equations, transfer functions, and state-space models are presented. Identification methods like parametric and frequency-domain techniques are also summarized. Finally, neural network approaches to system identification are introduced.
Cystic fibrosis is a genetic disorder caused by a mutation in the CFTR gene that encodes a chloride channel protein. The most common mutation is a deletion of three nucleotides (ΔF508) that causes the protein to fold incorrectly, preventing it from reaching the cell membrane. This leads to a buildup of thick mucus in the lungs, pancreas and other organs. In the lungs, mucus accumulation causes chronic lung infections and progressive lung damage. In the pancreas, it obstructs pancreatic ducts and prevents digestive enzymes from reaching the intestines, resulting in poor nutrient absorption. Cystic fibrosis affects the white population and is a lifelong condition requiring multidisciplinary treatment to manage symptoms.
Psychological horror focuses on everyday events that could plausibly occur in real life, making the audience more cautious. It relies on the characters' beliefs, fears, and hidden truths to create horror, rather than supernatural elements. Common conventions include an ordinary killer who appears normal, mysteries around their identity, a focus on the killer's twisted mind over physical weapons, settings people can relate to like homes and hospitals, and flashbacks explaining the killer's motives. This genre often targets female victims and uses children as killers, though the document proposes breaking those conventions.
This document summarizes Practice Direction 20A, which supplements Family Procedure Rules Part 20 regarding interim remedies such as injunctions. It provides guidance on procedures for applying for interim remedies, including injunctions, search orders, and orders for the preservation of evidence. Applications must be supported by evidence in an affidavit or witness statement. Urgent or without notice applications have additional requirements for filing evidence and draft orders. Orders must contain standard terms regarding damages and undertakings. Search orders have special requirements for supervision by a solicitor and treatment of seized materials.
This Practice Direction provides guidance on interim remedies in family court proceedings, including injunctions and search orders. It outlines the process for applying for interim orders, the requirements for evidence, and the terms that must be included in orders granted without notice to the other party. Specific provisions are also outlined for urgent applications, search orders, and orders affecting third parties.
This Practice Direction provides guidance on striking out statements of case under Family Procedure Rule 4.4. It gives examples of cases that may fall under Rule 4.4(1)(a), such as those with no facts, those that are incoherent, or those with facts that do not disclose a legally recognizable application. It may also apply under Rule 4.4(1)(b) if a case is frivolous, scurrilous, or obviously ill-founded. The Direction outlines the process for applications and answers to be struck out, including allowing hearings and giving opportunities to clarify. It notes the court's ability to strike out on its own initiative or upon application, and to enter judgment for the other party
This Practice Direction provides guidance on striking out statements of case under Family Procedure Rule 4.4. It gives examples of cases that may fall under Rule 4.4(1)(a), such as those with no facts, those that are incoherent, or those with facts that do not disclose a legally recognizable application. It may also apply under Rule 4.4(1)(b) if a case is frivolous, scurrilous, or obviously ill-founded. The Direction outlines the process for applications and answers to be struck out, including allowing hearings and giving opportunities to clarify. It notes the court's ability to strike out on its own initiative or upon application, and to enter judgment for the other party
The document compares how civil claims proceed in Mongolia and England & Wales. In Mongolia, a claim is started by issuing a claim form upon request. The claim form must include details of the plaintiff and defendant, basis of the claim, evidence, value, and documents. The defendant has 14 days to respond. Counterclaims are permitted. If the decision is not complied with voluntarily, it will be enforced according to law. In England & Wales, a claim form is issued by the court at the claimant's request. It must include case details and basis of the claim. The defendant has 14 days to acknowledge service. Counterclaims can be made with the defense or later with permission. If the defendant fails to pay, the
This Practice Direction provides guidance for using the Part 19 procedure for certain family court applications. It outlines what types of applications must or can use the Part 19 procedure, how applicants and respondents should submit documents, and how the court will manage the applications. Key points include that applicants must use Part 19 for applications regarding adoption disclosures or information requests, may use it for other cases without a prescribed form or involving minor factual disputes, and the court can order a different process or convene hearings as needed.
This practice direction provides guidance for applications made under Part 4 of the Family Law Act 1996. It addresses applications made by children under 16, which require court approval. It also covers privacy procedures for orders made without notifying the respondent, bail applications, and remand for medical examination.
This Practice Direction provides guidance on applications made under various regulations and conventions relating to the registration, recognition, and non-recognition of family court judgments and orders from other jurisdictions. It specifies the required forms and evidence for different types of applications, such as applications for registration of orders under the Council Regulation or 1996 Hague Convention, or applications for recognition or non-recognition of judgments. The guidance addresses evidence requirements for different scenarios, such as judgments obtained by default or applications made under specific articles of the relevant regulations.
- The document outlines rules for the Cyber Regulations Appellate Tribunal established under the Information Technology Act, 2000 in India.
- It details procedures for filing applications to the tribunal, serving notices, submitting replies, location and timings of hearings, and roles of the Registrar and Presiding Officer.
- The rules aim to provide an efficient process for appeals related to cyber regulations and orders in India.
The document summarizes rules established by the Central Government of India regarding procedures for the Cyber Regulations Appellate Tribunal. Some key points:
- The rules cover definitions, procedures for filing applications to the Tribunal, requirements for application forms and accompanying documents, service of notices to respondents, filing of replies, notification of hearing dates and locations, and decisions on applications.
- Applications must be filed in six paperback copies with the Registrar, accompanied by a fee of Rs. 2,000, and include certified copies of relevant orders and documents.
- Respondents have one month to file six paperback copies of their reply with supporting documents and proof of service to the applicant.
- Hearing dates
1) The document discusses various provisions and case laws related to the appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act, 1996.
2) It notes that under Section 11(6), if the parties have agreed on an appointment procedure, the court must take necessary measures to implement that procedure rather than directly appoint an arbitrator.
3) The document also discusses cases related to issues like limitation, jurisdiction of courts to appoint arbitrators, and maintaining arbitration agreements.
This Practice Direction provides guidance on taking witness evidence in the UK and abroad for legal proceedings in England and Wales. It addresses topics such as issuing witness summonses, conducting witness depositions domestically and through letters of request to other countries, and paying witness expenses. The Direction supplements Part 24 of the Family Procedure Rules.
This Practice Direction provides guidance on witness summonses, depositions, and taking evidence in the UK and European Union. It summarizes procedures for:
1) Issuing witness summonses in the UK and correcting mistakes.
2) Obtaining orders for examinations of witnesses within the UK, including payment of expenses and signing and filing depositions.
3) Requests to take evidence abroad, including the process for letters of request when the Taking of Evidence Regulation does not apply.
This Practice Direction provides guidance on witness summonses, depositions, and taking evidence in the UK and European Union. It summarizes procedures for:
1) Issuing witness summonses in the UK and correcting mistakes.
2) Obtaining orders for examinations of witnesses within the UK, including payment of expenses and signing and filing depositions.
3) Requests to take evidence abroad, including the process for letters of request when the Taking of Evidence Regulation does not apply.
This document summarizes practice directions regarding taking witness evidence in the UK and EU courts. It outlines:
1) Rules for issuing witness summonses in UK courts and applying for their issue in magistrates' courts.
2) Guidance on expenses for witnesses summoned, including travel costs and compensation for lost time.
3) Procedures for examining witnesses within the UK and EU, including by deposition, and protocols for related applications and orders.
This document outlines rules for petitions for the declaration of absolute nullity of void marriages and annulment of voidable marriages in the Philippines. It discusses who can file petitions, where they must be filed, requirements for petitions, summons and answers, the role of public prosecutors in investigating collusion between parties, mandatory pre-trial procedures including briefs and conferences, prohibited matters for compromise, trial procedures, and requirements for memoranda. The goal is to provide a standard process for handling such petitions in a manner that prevents collusion and fabrication of evidence.
This practice direction provides guidance on reciprocal enforcement of maintenance orders between England and Wales and other countries. It outlines the procedures for notifying payment details, transmitting orders, registering orders, and taking enforcement actions. Specific rules are given for applications involving the Republic of Ireland, Hague Convention countries, and the United States. Certified copies of orders and required documentation varies based on the recipient country.
This document outlines procedures for reciprocal enforcement of maintenance orders between countries. It provides details on notifying payment methods, requirements for transmitting orders to other countries, and certifying copies of orders to be enforced abroad. Specific procedures are defined for the Republic of Ireland, Hague Convention countries, and specified US states. The annexes modify the rules for transmitting orders to each location.
The criminal law amendment ordinance, 1944Leo Lukose
This document outlines The Criminal Law Amendment Ordinance of 1944 in India. Some key points:
- It allows the government to apply to attach property of those believed to have committed scheduled offenses, even if charges haven't been filed yet.
- Upon receiving an application, the district judge can pass an interim attachment order unless they believe there is no evidence the offense occurred.
- A notice is issued to the property owner calling them to show cause why the attachment should be withdrawn. Notices are also issued to other interested parties.
- After investigating any objections, the judge will make the interim attachment absolute, vary it by releasing some property, or withdraw the order entirely if they believe no offense was committed
The document amends prior regulations related to legal aid in England and Wales. It makes transitional provisions for applying cost rules when a party receives early legal services and later receives legal aid for the same case. It also modifies a prior regulation regarding damages-based agreements to update a reference from an old legal services system to the current legal aid system. The amendments take effect on April 1, 2013 to coincide with the earlier regulations.
Transitional and saving provisions)(amendment) regulations 2013PAINalison
The document amends prior regulations related to legal aid in England and Wales. It makes transitional provisions for applying cost protection regulations to cases that began with public funding and continue with legal aid. It also modifies a reference in damages agreement regulations to refer to legal aid arrangements rather than the prior community legal service. The amendments take effect on April 1, 2013 to coincide with the prior regulations.
The health and social care act 2012 (commencement no. 5, transitional, saving...PAINalison
This document outlines the commencement dates of various provisions in the Health and Social Care Act 2012 related to the regulation and licensing of healthcare providers in England. Key dates include April 1st, 2013 for provisions related to Monitor's licensing powers over NHS foundation trusts and July 1st, 2013 for provisions giving Monitor powers to modify license conditions. It also describes transitional modifications to sections of the Act to facilitate the staged commencement of regulatory powers.
The children, schools and families act 2010 (commencement no. 3) order 2013PAINalison
This order brings a section of the Children, Schools and Families Act 2010 into force on April 15th, 2013. Specifically, it puts section 8 of that Act into effect, which inserts section 14B into the Children Act 2004. Section 14B gives local safeguarding children boards the power to request information from any person or body to supply specified information to the board or another entity. The order was made by the Secretary of State for Education and outlines the relevant statutory instruments and explanatory notes.
Adoption and special guardianship data packPAINalison
This document provides data on adoption and special guardianship in England from 2007-2010. It summarizes national trends and variations between local authorities. Key points include: the number of children adopted from care increased since 1999 but has fallen slightly in recent years; locally adoption rates vary from 1-10% of looked after children; most adopted children are under 5 while special guardianship is more common for older children; statutory timelines for adoption are often not met, especially for black children and those in London. The document aims to help local authorities evaluate their performance and identify areas for improvement.
The Adoption Register is a database and staff team that works to match children waiting to be adopted with approved prospective adopters. It stores details of over 4,000 children and many approved families. When a child's local agency cannot find a match within 3 months, or a family has not been matched locally after 3 months, they are referred to the Register which searches for potential matches among all referred children and families. It then provides brief details to agencies to consider further. The Register aims to increase opportunities for all children and families to find a suitable adoption match.
Adoption access to intermediary servicesPAINalison
This document provides guidance for adoption workers on providing services to adopted adults seeking access to their birth records or information from adoption records for pre-commencement adoptions. It outlines the relevant legislation, research findings, and procedures for providing birth record counseling and access to adoption records. Key points include who is eligible for services, the counseling process, responding promptly to requests, and qualifications for counselors.
This practice direction provides guidance on applying the Maintenance Regulation between EU member states, which replaces previous international agreements on maintenance orders. It discusses transitional cases and the relationship between the Maintenance Regulation and prior conventions. Applications for recognition and enforcement of orders from EU countries will follow the rules in the Maintenance Regulation.
This document contains a Family Mediation Information and Assessment (MIAM) form that must be completed before applying to a family court for certain orders relating to children or financial remedies. The form has two parts: Part 1 is for determining if a valid exemption to attending a MIAM applies. Part 2 is for when a family mediator determines a valid exemption or that mediation is not suitable. The form provides information on the MIAM process and exemptions, and must be signed in the appropriate section by either the applicant/representative or family mediator.
This document summarizes existing practice directions that will continue to apply to family court proceedings after April 6, 2011, when the new Family Procedure Rules 2010 come into effect. It lists the existing practice directions in an annex, along with any title or numbering changes and updated references to rules necessitated by the new rules. It also states that one existing practice direction on applications for scientific parentage testing will continue to apply under the new rules.
This document is a form used in family court proceedings in England and Wales to provide information about mediation. It requires information about whether the applicant attended a required Mediation Information and Assessment Meeting, the reason if they did not attend, and signatures from the applicant's legal representative and the mediator if applicable. The form has four parts that must be filled out depending on whether the applicant attended the meeting or qualifies for an exception.
This document outlines functions of the court that can and cannot be performed by a single justice of the peace in family court proceedings. It provides tables listing specific court rules and the nature of functions that single justices can and cannot perform. For example, a single justice cannot make final orders on residence, placement, adoption or care, but can discharge other family court functions outlined in the rules.
This document summarizes existing practice directions that will continue to apply to family court proceedings after April 6, 2011 when the new Family Procedure Rules 2010 come into effect. It lists the existing practice directions in an annex, along with any title or numbering changes and updates to rule references needed due to the new rules. It also states that one existing practice direction on determining parentage through scientific tests will apply using the new rules for other applications.
This Practice Direction provides transitional arrangements for proceedings started before April 6, 2011 under the previous family court rules. It explains that for existing proceedings, where a step was taken under the previous rules it will continue under those rules, but new steps on or after April 6, 2011 will be taken according to the new Family Procedure Rules (FPR). The Practice Direction also notes some exceptions, such as that the Overriding Objective in Part 1 of the FPR will apply to all existing proceedings from April 6, 2011 onwards.
This Practice Direction supplements Family Procedure Rule 35.2 and concerns applications for consent orders regarding financial remedies. It states that any such application, supporting evidence of a party's consent, or correspondence consenting to an order, must be in English or accompanied by an English translation. The applications and evidence must use English or include English translations.
The document provides guidance on tracing the whereabouts of a maintenance payer who lives overseas in Australia, Canada, New Zealand, or South Africa when their address is unknown. It outlines that the court can request that the authorities in those countries make inquiries to locate the payer. It describes the procedure to follow which includes completing a questionnaire in duplicate and lodging it with the district judge along with an undertaking that any address received will only be used for the proceedings.
The document provides guidance on tracing the whereabouts of a maintenance payer who lives overseas in Australia, Canada, New Zealand, or South Africa when their address is unknown. It outlines that the court can request that the authorities in those countries make inquiries to locate the payer. It describes the procedure to follow which includes completing a questionnaire in duplicate and lodging it with the district judge along with an undertaking that any address received will only be used for the proceedings.
This Practice Direction supplements Part 33 of the Family Procedure Rules (FPR) and provides guidance on enforcing undertakings given in family court proceedings. It distinguishes between undertakings to do or abstain from doing an act, and undertakings for the payment of money. For non-payment undertakings, it states that the person may be committed for contempt of court if they had the means to pay but refused or neglected to pay. For other undertakings, it provides that the person may be committed for contempt if they break any promises made to the court in the undertaking. The Direction includes model wording to be included on undertakings regarding the consequences of non-compliance.
This practice direction provides guidance for citing human rights authorities and allocating cases to judges when human rights issues are involved in family court proceedings. It states that (1) any authorities cited from the European Court or Commission must be complete reports provided to the court in advance, and (2) cases involving potential declarations of incompatibility under the Human Rights Act or concerning judicial acts must be heard and determined by a High Court judge.
1. Practice Direction 18A –
Other Applications in Proceedings
This Practice Direction supplements FPR Part 18
Application of Part 18
1.1 Part 18 makes general provision for a procedure for making applications. All applications for
the court’s permission should be made under this Part, with the exception of applications for
permission for which specific provision is made in other Parts of the FPR, in which case the
application should be made under the specific provision. Examples of where specific provision
has been made in another Part of the FPR for applications for permission are rule 11.3
(Permission to apply for a forced marriage protection order) and rule 30.3 (Permission to appeal).
Reference to a judge
2.1 In the High Court or a county court a district judge may refer to a judge any matter which the
district judge thinks should properly be decided by a judge, and the judge may either dispose of
the matter or refer it back to the district judge.
Additional requirements in relation to application
notices
3.1 In addition to the requirements set out in rule 18.7, the following requirements apply to the
applications to which the respective paragraph refers.
3.2 An application notice must be signed and include –
(a) the title of the case (if available);
(b) the reference number of the case (if available);
(c) the full name of the applicant;
(d) where the applicant is not already a party, the applicant’s address for service,
including a postcode. Postcode information may be obtained from
www.royalmail.com or the Royal Mail Address Management Guide; and
(e) either a request for a hearing or a request that the application be dealt with without a
hearing.
3.3 An application notice relating to an application under section 42(6) of the Adoption and
Children Act 2002 (permission to apply for an adoption order) must include –
(a) the child’s name, sex, date of birth and nationality;
(b) in relation to each of the child’s parents or guardians, their name, address and
nationality;
(c) the length of time that the child has had his or her home with the applicant;
(d) the reason why the child has had his or her home with the applicant;
(e) details of any local authority or adoption agency involved in placing the child in the
applicant’s home; and
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2. (f) if there are or have been other court proceedings relating to the child, the nature of
those proceedings, the name of the court in which they are being or have been dealt
with, the date and type of any order made and, if the proceedings are still ongoing,
the date of the next hearing.
3.4 An application notice relating to an application in the High Court by a local authority for
permission under section 100(3) of the Children Act 1989 must include a draft of the application
form.
3.5 Where permission is required to take any step under the Children Act 1989 (for example an
application to be joined as a party to the proceedings) the application notice must include a draft
of the application for the making of which permission is sought together with sufficient copies for
one to be served on each respondent.
3.6 In an application for permission to bring proceedings under Schedule 1 of the Children
Act 1989, the draft application for the making of which permission is sought must be
accompanied by a statement setting out the financial details which the person seeking permission
believes to be relevant to the request and contain a declaration that it is true to the maker’s best
knowledge and belief, together with sufficient copies for one to be served on each respondent.
3.7 The provisions in Schedule 1 which require an application for permission to bring
proceedings are –
(a) paragraph 7(2) – permission is required to make an application for variation of a
secured periodical payments order after the death of the parent liable to make the
payments if a period of 6 months has passed from the date on which representation
in regard to that parent’s estate is first taken out; and
(b) paragraph 11(3) – permission is required to make an application to alter a
maintenance agreement following the death of one of the parties if a period of
6 months has passed beginning with the day on which representation in regard to the
estate of the deceased is first taken out.
Other provisions in relation to application notices
4.1 On receipt of an application notice containing a request for a hearing, unless the court
considers that the application is suitable for consideration without a hearing, the court officer will,
if serving a copy of the application notice, notify the applicant of the time and date fixed for the
hearing of the application.
4.2 On receipt of an application notice containing a request that the application be dealt with
without a hearing, the court will decide whether the application is suitable for consideration
without a hearing.
4.3 Where the court –
(a) considers that the application is suitable for consideration without a hearing; but
(b) is not satisfied that it has sufficient material to decide the application immediately,
it may give directions for the filing of evidence and will inform the applicant and the
respondent(s) of its decision. (Rule 18.11 enables a party to apply for an order made without
notice to be set aside or varied.)
4.4 Where the court does not consider that the application is suitable for consideration without a
hearing –
(a) it may give directions as to the filing of evidence; and
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3. (b) the court officer will notify the applicant and the respondent of the time, date and
place for the hearing of the application and any directions given.
4.5 In the High Court or a county court if the application is intended to be made to a judge, the
application notice should so state. In that case, paragraphs 4.2, 4.3 and 4.4 will apply as though
references to the court were references to a judge.
4.6 Every application should be made as soon as it becomes apparent that it is necessary or
desirable to make it.
4.7 Applications should, wherever possible, be made so that they are considered at any directions
hearing or other hearing for which a date has been fixed or for which a date is about to be fixed.
4.8 The parties must anticipate that at any hearing (including any directions hearing) the court
may wish to review the conduct of the case as a whole and give any necessary directions. They
should be ready to assist the court in doing so and to answer questions the court may ask for this
purpose.
4.9 Where a date for a hearing has been fixed, a party who wishes to make an application at that
hearing but does not have sufficient time to file an application notice should as soon as possible
inform the court (if possible in writing) and, if possible, the other parties of the nature of the
application and the reason for it. That party should then make the application orally at the
hearing.
Applications without service of application notice
5.1 An application may be made without service of an application notice only –
(a) where there is exceptional urgency;
(b) where the overriding objective is best furthered by doing so;
(c) by consent of all parties;
(d) with the permission of the court;
(e) where paragraph 4.9 applies; or
(f) where a court order, rule or practice direction permits.
Giving notice of an application
6.1 Unless the court otherwise directs or paragraph 5.1 of this practice direction applies, the
application notice must be served as soon as practicable after it has been issued and, if there is to
be a hearing, at least 7 days before the hearing date.
6.2 Where an application notice should be served but there is not sufficient time to do so,
informal notification of the application should be given unless the circumstances of the
application require no notice of the application to be given.
Pre-action applications
7.1 All applications made before proceedings are commenced should be made under this Part.
Telephone hearings
8.1 The court may direct that an application be dealt with by a telephone hearing.
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4. 8.2 The applicant should, if seeking a direction under paragraph 8.1, indicate this on the
application notice. Where the applicant has not indicated such an intention but nevertheless
wishes to seek a direction the request should be made as early as possible.
8.3 A direction under paragraph 8.1 will not normally be made unless every party entitled to be
given notice of the application and to be heard at the hearing has consented to the direction.
8.4 No representative of a party to an application being heard by telephone may attend the court
in person while the application is being heard unless the other party to the application has agreed
that the representative may do so.
8.5 If an application is to be heard by telephone the following directions will apply, subject to
any direction to the contrary –
(a) the applicant’s legal representative is responsible for arranging the telephone
conference for precisely the time fixed by the court. The telecommunications
provider used must be one of the approved panel of service providers (see HMCS
website at www.hmcourts-service.gov.uk);
(b) the applicant’s legal representative must tell the operator the telephone numbers of
all those participating in the conference call and the sequence in which they are to be
called;
(c) it is the responsibility of the applicant’s legal representative to ascertain from all the
other parties whether they have instructed counsel and, if so the identity of counsel,
and whether the legal representative and counsel will be on the same or different
telephone numbers;
(d) the sequence in which those involved are to be called will be –
(i) the applicant’s legal representative and (if on a different number) his counsel;
(ii) the legal representative (and counsel) for all other parties; and
(iii) the judge or justices, as the case may be;
(e) each speaker is to remain on the line after being called by the operator setting up the
conference call. The call may be 2 or 3 minutes before the time fixed for the
application;
(f) when the judge has or justices have been connected the applicant’s legal
representative (or counsel) will introduce the parties in the usual way;
(g) if the use of a “speakerphone” by any party causes the court or any other party any
difficulty in hearing what is said the judge or justices may require that party to use a
hand held telephone;
(h) the telephone charges debited to the account of the party initiating the conference
call will be treated as part of the costs of the application.
Video conferencing
9.1 Where the parties to a matter wish to use video conferencing facilities, and those facilities are
available in the relevant court, the parties should apply to the court for directions. (Practice
Direction 22A provides guidance on the use of video conferencing)
Note of proceedings
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5. 10.1 The court or court officer should keep, either by way of a note or a tape recording, brief
details of all proceedings before the court, including the dates of the proceedings and a short
statement of the decision taken at each hearing.
Evidence
11.1 The requirement for evidence in certain types of applications is set out in some of the rules
in the FPR and practice directions. Where there is no specific requirement to provide evidence it
should be borne in mind that, as a practical matter, the court will often need to be satisfied by
evidence of the facts that are relied on in support of or for opposing the application.
11.2 The court may give directions for the filing of evidence in support of or opposing a
particular application. The court may also give directions for the filing of evidence in relation to
any hearing that it fixes on its own initiative. The directions may specify the form that evidence is
to take and when it is to be served.
11.3 Where it is intended to rely on evidence which is not contained in the application itself, the
evidence, if it has not already been served, should be served with the application.
11.4 Where a respondent to an application wishes to rely on evidence, that evidence must be
filed in accordance with any directions the court may have given and a court officer will serve the
evidence on the other parties, unless the court directs otherwise.
11.5 If it is necessary for the applicant to serve any evidence in reply the court officer will serve
it on the other parties unless the court directs otherwise.
11.6 Evidence must be filed with the court as well as served on the parties.
11.7 The contents of an application notice may be used as evidence provided the contents have
been verified by a statement of truth.
Consent orders
12.1 The parties to an application for a consent order must ensure that they provide the court
with any material it needs to be satisfied that it is appropriate to make the order. Subject to any
rule in the FPR or practice direction a letter will generally be acceptable for this purpose.
12.2 Where a judgment or order has been agreed in respect of an application where a hearing
date has been fixed, the parties must inform the court immediately.
Other applications considered without a hearing
13.1 Where rule 18.9(1)(b) applies the court will treat the application as if it were proposing to
make an order on its own initiative.
13.2 Where the parties agree that the court should dispose of the application without a hearing
they should so inform the court in writing and each should confirm that all evidence and other
material on which he or she relies has been disclosed to the other parties to the application.
Miscellaneous
14.1 If the case is proceeding in the High Court and the draft order is unusually long or complex
it should also be supplied in electronic form on such storage medium as shall be agreed with the
judge or court staff, for use by the court office.
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6. 14.2 Where rule 18.12 applies the power to re-list the application in rule 18.12(2) is in addition
to any other powers of the court with regard to the order (for example to set aside, vary, discharge
or suspend the order).
Costs
15.1 Attention is drawn to the CPR costs practice direction and, in particular, to the court’s
power to make a summary assessment of costs.
15.2 Attention is also drawn to rule 44.13(1) of the CPR which provides that if an order makes
no mention of costs, none are payable in respect of the proceedings to which it relates.
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