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25 May 2018
Issue: 7794 / Categories: Features , Civil way , Procedure & practice
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Civil way: 25 May 2018

  • Worthless divorces.
  • Witness chat disaster.
  • First-class appeals.
  • Happy tune for whistlers.

FAMILY WAYS

Ooops The FD President issued interim guidance on 23 April 2018 on the procedural path to be followed by judges in relation to dummy decrees. A number of cases have been brought to his attention where decrees nisi and absolute have been granted notwithstanding that divorce petitions have been presented within one year of the marriage or before the expiration of the two year separation period under s 1(2)(d) or (e) of the Matrimonial Causes Act 1973. In the former situation, the decrees are null and void and the defect cannot be cured by petition amendment (and any financial remedy order will surely fall). A remarriage would be invalid and any children born of it would be illegitimate. In the latter case, the President suggests that the same consequences would follow except that ‘it may be possible, if the facts warrant it, to amend the petition to plead one of the grounds set out in ss 1(2)(a)

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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