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Chapter

Cover Equity and Trusts Concentrate

10. Variation of trusts  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the circumstances in which the courts may approve the variation of a trust. A trust may be varied: by a power within the trust itself; by the collective consent of the beneficiaries; by the court, through its inherent jurisdiction; or by statute. The power of the courts to intervene will depend on whether the variation relates to administrative or managerial matters or a reorganization of the beneficial interests. The Variation of Trusts Act 1958 gives the courts a wide jurisdiction to vary a trust for the benefit of those beneficiaries unable to consent.

Chapter

Cover Bromley's Family Law

20. The High Court’s Inherent Powers in Respect of Children  

N V Lowe, G Douglas, E Hitchings, and R Taylor

This chapter discusses the High Court’s inherent powers in respect of children. The development of these powers, principally under the aegis of the wardship jurisdiction, was highly influential in the modern development of law and practice concerning children, and the Children Act 1989 incorporates many of its features. In detail, the chapter first considers the High Court’s exercise of inherent jurisdiction; the court’s powers; local authority use of the jurisdiction; and private law use of the jurisdiction. It then does the same for wardship.

Chapter

Cover Concentrate Questions and Answers Family Law

9. The Law Relating to Children: Children’s Rights and Private Law  

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary, and tips to gain extra marks. This chapter considers children’s rights and private law relating to children. The first essay question focuses on the rights of the child to make his or her own decisions and to participate in private law proceedings, whilst the second examines how the law ensures that children have a relationship with both parents after separation. The third question is a problem scenario that requires discussion of orders under s. 8 of the Children Act 1989, the welfare principle, and the welfare checklist. The final problem question concerns inherent jurisdiction and the right of a child to refuse medical treatment.

Chapter

Cover Hayes & Williams' Family Law

Private law disputes and issues in children cases  

This examines how the courts deal with private law issues or disputes relating to children’s upbringing, such as post-separation residence or contact disputes, or other specific issues, including international child abduction. It begins by setting out some general principles for deciding children cases which are contained in section 1 of the Children Act 1989, and procedural matters relating to such cases.

Book

Cover A Practical Approach to Civil Procedure
A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2022 and the 144th Update. Changes incorporated into the new edition include: • Replacement rules on acknowledging service • Replacement rules on default judgment • New track allocation rules for road traffic accident claims • Case law developments on Qualified One-Way Costs Shifting • New Supreme Court decision on limitation • Revised PD 51U on disclosure of documents in the Business and Property Courts • Case law developments on privilege • Recent developments on seeking permission to appeal • Measures to assist vulnerable parties and witnesses • Developments on search orders and case law on imaging orders • End of the Siskina rule in relation to interim injunctions and freezing orders • Broad Idea v Convoy Collatera and its impact on freezing injunctions