Penningtons Manches Cooper

This Practice Note outlines the scope and content of the statutory duty on certain public authorities to have due regard for the need to prevent people from being drawn into terrorism in the exercise of their functions (known as the ‘Prevent duty’). It covers the duty in the context of the government’s overall counter-terrorism strategy (CONTEST) and the Prevent strategy. It also considers the application of the duty to local authorities, schools, childcare providers, the health sector, prisons, probation and the police.

This Practice Note considers the key procedural aspects of family proceedings involving trust assets, including the issue and service of proceedings. It also sets out steps to be taken to join either a trustee or a third-party beneficiary to the proceedings, together with evidential issues and the court’s powers to compel a person who is not a party to provide disclosure.

This Practice Note sets out considerations and practical steps to be taken when dealing with enforcement in relation to trusts within family proceedings, including offshore trusts and the approach that may be taken by offshore trustees to orders made in family proceedings in this jurisdiction. It considers enforcement of a variation of settlement order, exclusive jurisdiction clauses, enforcing a finding of sham or invalidity, enforcing ‘judicious encouragement’ orders and trustee submissions.

This Practice Note examines the duties, responsibilities and powers of trustees in the context of financial remedy proceedings. It also looks at the court’s role in supervising trustees, the duty of confidentiality, the implications for disclosure, requests for disclosure by a beneficiary, non-beneficiary party or the court, and letters of wishes. It considers the trustees’ exercise of discretion to assist a beneficiary and ‘judicious encouragement’ orders in relation to the trustees of a trust.

This Practice Note considers trusts and property law that may be applicable in family proceedings including invalid or sham trusts and property law issues such as proprietary estoppel and improper transfers. It also looks at the circumstances in which the use of such law may assist a party in family proceedings and the evidence required to put forward property or trusts law arguments.

This Practice Note sets out the circumstances in which a settlement will be regarded as nuptial for the purposes of section 24(1)(c) of the Matrimonial Causes Act 1973 (MCA 1973) or relevant for the purposes of Schedule 5, Part 2, paragraphs 6–7 to the Civil Partnership Act 2004 (CPA 2004). It considers the powers of the court to vary a nuptial or relevant settlement and the applicable practice and procedure. It also addresses the approach of the court, specific issues in relation to international trusts and relevant case law, including the Supreme Court decision in Prest v Petrodel Resources.

This Practice Note has been archived and is not maintained. It deals with the offence of unlawfully obtaining personal data under section 55 of the Data Protection Act 1998 (DPA 1998). This offence was repealed by the Data Protection Act 2018 (DPA 2018) and cannot be committed after 25 May 2018. However prosecutions can still be brought where the offence was committed before 25 May 2018. Data protection offences which occur on or after 25 May 2018 should be prosecuted under the DPA 2018 not the DPA 1998. This Practice Note explains the elements of the offence of unlawfully obtaining data under the DPA 1998 which the prosecution has to prove, including the mental elements required, corporate liability, statutory defences and sentencing if convicted of the offence. It also explains the offence under the DPA 1998, s 56 of unlawfully requiring the production of data obtained under DPA 1998 s 56, when this prohibition applies and the penalties which will apply upon conviction.

This Practice Note details how pension rights may be valued and the factors to be taken into account in the context of family proceedings. It also deals with requirements when instructing an expert regarding pension values and the implications of internal and external transfers of pension credits.