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Civil way: 8 May 2015

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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