header-logo header-logo

07 October 2016
Issue: 7717 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 7 October 2016

No to de novo; “I was conned. I’m back” & appeals rerouted.

A LIGHT TOUCH

The agony of every time starting from scratch on a periodical payments variation application has been consigned to the family law rubbish bin. The Court of Appeal held in Morris v Morris [2016] EWCA Civ 812 that the court was not required to consider such an application de novo. Its obligation was to conduct an exercise which was proportionate to the requirements of the case. They might warrant a complete review but they could also justify a light touch review.

Lewis v Lewis [1977] 3 All ER 992 and Flavell v Flavell [ 1997] 1 FLR 353—so often trotted out to support the applicant’s 10,000th paragraphed kitchen sink witness statement—did not support the de novo proposition. The court had enormous flexibility to determine the nature of the variation application which focused on the relevant factors and—stand by again for the phrase which is set to come as popular as “with great respect”—apply that light touch. And the light touch review—ever

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bellevue Law—Sara Mason

Bellevue Law—Sara Mason

Bellevue Law expands workplace law offering with specialist healthcare regulatory appointment

Seddons GSC—Peter Ames

Seddons GSC—Peter Ames

Seddons GSC strengthens Dispute Resolution team with partner hire

Taylor Rose—four promotions

Taylor Rose—four promotions

Taylor Rose announces partner promotions

NEWS
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Refusing mediation need not trigger a costs penalty, but litigators must justify their position
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Landlords face fresh registration duties as procedural reforms reshape the civil courts
back-to-top-scroll