If only the mother has P.R. she alone has the authority to appoint a guardian Where both parents have P.R., and even if they subsequently divorce, then the survivor of them will automatically act as the guardian. If, however, both parents had P.R., but the mother, for example, had a residence order in her favour, then any guardian appointed by her would be able to act jointly with the surviving father. Guardians are usually appointed by way of a Will or Codicil but an appointment will be valid provided it is made in writing and signed and dated by the appointor. For more information or if you are considering making a Will please contact Catherine Mowat in our Private Client department on 01279 710632. On The inconsistency as to the application of the Civil Procedure Rules remains.
Cases can cost more if time is spent attending allocation and case management hearings.
Small claims and fast track cases are coming on to trial more quickly, although this does not seem to apply to more complex multi-track cases, even if stricter timetables are imposed. The CPR costs provision, where 'proportionality' is meant to have a bearing on the amount of costs recovered, continues to be an elusive ideal rather than a practical reality. Editor - Caroline Metcalf Detailed specialist advice should be sought before taking or refraining from any action as a result of the comments made in this publication, which are intended as a brief introduction to the particular topics. If you wish to discuss any of the issues referred to in this newsletter, please ask to speak to your usual contact in the firm or to the Editor. This firm is regulated by the Law Society in the conduct of Investment Business.