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08 May 2015
Issue: 7651 / Categories: Features , Civil way , Procedure & practice
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Civil way: 8 May 2015

Challenging financial consent orders; bankruptcy limit shock; Mr Beavis goes to Westminster; pre-action protocol facelifts

PD GETS IT WRONG

A boring way to start, we know, but the Family Procedure Rules 2010 (FPR) PD 30A says “The rules in Part 30 and the provisions of this Practice Direction apply to appeals relating to orders made by consent in addition to orders which are not made by consent. An appeal is the only way in which a consent order can be challenged [emphasis added].” You will need a small pair of sharp scissors. Those underlined words: please cut them out and insert them into a waste paper bin or shredding machine because, like the parrot, they are dead.

In CS v ACS and another [2015] EWHC 1005 (Fam)—in which the wife was seeking by way of application notice to set aside, on the ground of the husband’s alleged failure to give full and frank disclosure, a consent order for nominal maintenance and to have it substituted by an order for substantive maintenance-the President ruled that

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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