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07 October 2016
Issue: 7717 / Categories: Features , Civil way , Procedure & practice
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Civil way: 7 October 2016

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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

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NEWS
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Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
NLJ this week: Court of Appeal clarifies when a claim truly begins
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
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The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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