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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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