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A person who has parental responsibility for, or one who cares for, a child or young person.
Parents are usually the biological mother and father of the child or young person, but, parental responsibility can be acquired by a person who looks after a child's safety and welfare. See Education Act 1996 s 576 and The Children Act 1989 ss 2 and 3.
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Drafting a building contract/schedule of amendments—checklist Once the procurement route and form of building contract has been selected (see Practice Note: Choosing the right procurement method—construction projects) the employer should consider the following matters and incorporate the appropriate drafting in the building contract particulars and schedule of amendments. This Checklist assumes that the parties are using a standard form of building contract, such as a JCT form, and that the employer is proposing the first draft including the completed contract particulars and a schedule of amendments, which amends the standard terms. This list is not exhaustive, however, and there may be other project specific matters/risks that need to be taken into account: Contractual matters • Carry out due diligence on the contractor The employer needs to carry out due diligence on the contractor at the outset to determine whether its financial position is acceptable. Confirm the contractor’s company number and name at Companies House. • Obtain consultants’ details Confirm the full details of the consultants engaged by the employer; some...
DPA suitability checklist Court's oversight of the interests of justice and fairness, reasonableness and proportionality The UK deferred prosecution agreement (DPA) regime provides for judicial oversight of DPAs. After negotiations as to the terms of a DPA have commenced and before it has been concluded, the court must determine: • whether it is likely to be in the interests of justice, and • that its proposed terms are fair, reasonable and proportionate Therefore, each factor must be supported by clear and persuasive proof in order to seek to persuade the court to approve the DPA. The declarations given under Schedule 17 Part 1, para 8 to the Crime and Courts Act 2013 (CCA 2013) to date provide insight into the court's approach as to when a DPA is suitable and this has, in turn, fed into the prosecutor's approach (see Practice Note: The SFO's approach to Deferred Prosecution Agreements (DPAs) [Archived]). For detailed information on DPAs in general, the process followed by the court when considering whether to...
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This Practice Note sets out the jurisdiction of the court to make a periodical payments order for a child (maintenance provision) under Schedule 1 to the Children Act 1989 (ChA 1989) and details what orders may be made, who may apply and the circumstances in which an order may be made for a child over the age of 18. It also considers matters the court will have regard to, the position in relation to half siblings and relevant case law.Most child maintenance will be dealt with by the Child Maintenance Service (CMS), see Practice Notes: Statutory child support scheme and Child support—jurisdiction, however, by virtue of ChA 1989, s 15 and Sch 1, the court has jurisdiction to make a periodical payments order for a child in certain defined circumstances. The majority of such applications relate to parties who have not married or entered into a civil partnership. The issue of whether a periodical payments order under Sch 1 could include an element of ‘carer's allowance’ has been considered and...
This Practice Note explains what a special guardianship order (SGO) is under the Children Act 1989 (ChA 1989) and the courts powers to make an SGO either as a result of an application or of its own initiative. It explains how an SGO confers parental responsibility for a child and also covers the criteria for making an SGO.What is a special guardianship order?A special guardianship order (SGO) is an order appointing one or more individuals to be a child's special guardian. It has been described as 'a half-way house' between residence orders (now child arrangements orders) and adoption orders. The concept of special guardianship relates to the exercise of parental responsibility and not to parenthood.Special guardianship is a private law order but it is available in both private and public law proceedings and will be considered as one of the options for a child in care proceedings. An SGO gives non-parents a more permanent legal status than they would have if they were named in a child arrangements order (CAO)...
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Consultancy agreement—company and individual—pro-client (short form) [ON HEADED NOTEPAPER OF CLIENT COMPANY] [Insert consultant’s name] [Insert consultant’s address] [Insert date] Dear [insert consultant’s name] [ Consultancy agreement OR Insert name of project ] Further to our recent discussions, I am pleased to confirm the terms of our agreement regarding the provision of your consultancy services to [insert name of client company] (Company). 1 Term 1.1 [Subject to the terms set out in this letter, your engagement [will commence OR commenced] on [insert date] and will continue unless or until either party gives to the other not less than [insert number] [weeks’ OR months’] prior notice in writing. OR 1.2 Your engagement will be for a fixed period of [insert number] months from [insert date], subject to the terms of this letter and subject to the right of either the Company or you to give to the other not less than [number] [weeks’ OR months’] notice in writing during such fixed period terminating the...
Explanatory note for a client's Will—to spouse on flexible life interest trust with remainder on discretionary trust STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime. Finance Act 2025 (FA 2025) which received Royal Assent on 20 March 2025, implements legislation to abolish the remittance basis of taxation and replace it with a residence-based regime, commencing on 6 April 2025. FA 2025 also replaces domicile as the key factor in establishing liability to inheritance tax. Other changes include amendment of the rules determining excluded property status, the abolition of protected settlements status of offshore trusts, and changes to overseas workday relief. For information on these changes, see Practice Notes: The abolition of the remittance basis of taxation from 2025–26 and A new residence-based regime for IHT from 2025–26. See also: Finance Bill Tracking Service: Key dates (Finance Bill 2025) and Finance Act 2025. [Your] Will—[name of testator]—explanatory note This explanatory note explains the main provisions of your Will. Please read this explanatory note and your Will carefully....
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In proceedings under the Family Law Act 1996, the applicant has produced as part of their evidence a recording of the respondent made without the respondent’s knowledge. The respondent believes that the applicant has made further covert recordings which have not been disclosed. Is there case law to support that the applicant or their solicitors should disclose copies of all covert recordings made? The law relating to the recording of conversations between private individuals and the use of those recordings in court proceedings is a developing area. As a matter of first principles, there is no offence committed where an individual covertly records a conversation with another individual. The Regulation of Investigatory Powers Act 2000 (RIPA 2000) applies to public bodies but not to individuals. Likewise, the Telecommunications(Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 apply to businesses in respect of the recording of conversations without notice to the person being recorded or in certain specified exceptional circumstances. In Jones v University of Warwick, an enquiry agent...
What are the provisions that govern whether evidence consisting of covertly made recordings may be admissible within private law proceedings under the Children Act 1989? The law relating to the recording of conversations between private individuals and the use of those recordings in court proceedings is a developing area. As a matter of first principles, there is no offence committed where an individual covertly records a conversation with another individual. The Regulation of Investigatory Powers Act 2000 (RIPA 2000) applies to public bodies but not to individuals. Likewise, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, SI 2000/2699 apply to businesses in respect of the recording of conversations without notice to the person being recorded or in certain specified exceptional circumstances. Recordings may also be breach of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR). In M v F (Covert Recordings of children) , Peter Jackson J (as he then was) commented that the exemption within the legislation applying to normal domestic use...
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This week's edition of Share Incentives weekly highlights includes a focus on executive remuneration, as the 2025 AGM season continues.
This edition of Employment weekly highlights includes: (1) an EAT decision under the pre-IP completion day Brussels Regulation on the employment tribunal’s jurisdiction to hear claims brought by a British citizen employed by a company domiciled in Georgia, USA under an employment contract governed by the law of that State, (2) the launch by the Low Pay Commission (LPC) of a consultation on 2026 national minimum wage (NMW) and national living wage (NLW) rates, (3) an update to the HMRC Check Employment Status for Tax (CEST) tool, (4) a Court of Appeal decision to strike out whistleblowing detriment claims against external HR consultants, (5) confirmation from the Court of Appeal that, in the context of an indirect age discrimination claim relating to changes made by a parent company to the rules of a long term incentive plan (LTIP), the parent company was not the agent of the subsidiary employer, (6) a High Court decision that the alleged vicarious liability of a transferor employer does not transfer under TUPE, (7) the...
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