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Civil way: 4 August 2017

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04 August 2017 / Stephen Gold
Issue: 7757 / Categories: Features , Civil way
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Petitioners to be truthful; Chinese Tiger judgment; & getting rid of the judge

AT THE FAMILY COALFACE

The Family Procedure (Amendment No 2) Rules 2017 (SI 2017/741) come into force on 7 August 2017.

Truth development There’s good reason for a FPR 17 statement of truth (SoT) and it has nothing to do with condemning the LiP to ponder what the hell it is. Proceedings for contempt may be brought against a person who makes a false statement in a document which is verified by a SoT without an honest belief in its contents (r 17.6). Curiously, a SoT has not been required to back up the lies, exaggerations and honesty (as the case may be) in a matrimonial or civil partnership petition or answer although the subsequent supporting statement on the application for a decree has required one. That changes for a petition or answer filed on or after 7 August 2017 although these latest amendment rules perform a summersault by providing that if the petition or answer are filed before 4 September

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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