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20 June 2013
Issue: 7565 / Categories: Case law , Law digest , In Court
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Care proceedings

Re H-L (a child) (care proceedings: “necessary” expert evidence) [2013] EWCA Civ 655, [2013] All ER (D) 112 (Jun)

The court considered the test of necessity embodied in r 25.1 of the Family Procedure Rules 2010 (the FPR). Consideration was given to Re TG (a child) (care proceedings: biomechanical engineering evidence) [2013] 1 FCR 229 (Re TG). The Court of Appeal ruled that “necessary”, for the purposes of FPR 25.1, meant necessary. It was an ordinary English word and was a familiar expression in family law. Under established authority, albeit in a different context, its precise meaning had been held to be “lying somewhere between “indispensable” on the one hand and “useful”, “reasonable” or “desirable” on the other hand” having “the connotation of the imperative, what is demanded rather than what is merely optional or reasonable or desirable”. In respect of an appeal from a case management decision, the principles to be applied were those set out in Re TG.

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

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Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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