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Civil way: 17 August 2007

16 August 2007
Issue: 7286 / Categories: Features , Civil way
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a silver jubilee (2)

Special procedure divorces

In 1984, “Litigation” (the former title of this column) rediscovered the Queen’s Proctor was still alive when Sir John Arnold, President of the Family Division, rescinded three decrees nisi based on unreasonable behaviour in favour of petitioners who had sworn special procedure affidavits falsely deposing that they and their spouses were not living together.

Queen’s Proctor Still Snooping—Official

Who referred...the cases to the court? Why, our old friend the Queen’s Proctor—back from those balmy days of collusion and discretion statements. The QP currently investigates about 100 cases a year through two Treasury Solicitor lawyers. Nosey neighbours still do their stuff (the practice of some local newspapers in listing decrees pronounced has made this a more active source of information) and petitioners who have secured a decree on the strength of their special procedure affidavit can find on the children’s appointment that the judge discovers more than they had bargained for and directs the papers to be sent to the QP.

And any citizen with a social conscience

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MOVERS & SHAKERS

Red Lion Chambers—Maurice MacSweeney

Red Lion Chambers—Maurice MacSweeney

Set creates new client and business development role amid growth

Kingsley Napley—Tim Lowles

Kingsley Napley—Tim Lowles

Sports disputes practice launchedwith partner appointment

mfg Solicitors—Tom Evans

mfg Solicitors—Tom Evans

Tax and succession planning offering expands with returning partner

NEWS
The rank of King’s Counsel (KC) has been awarded to 96 barristers, and no solicitors, in the latest silk round
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
Neurotechnology is poised to transform contract law—and unsettle it. Writing in NLJ this week, Harry Lambert, barrister at Outer Temple Chambers and founder of the Centre for Neurotechnology & Law, and Dr Michelle Sharpe, barrister at the Victorian Bar, explore how brain–computer interfaces could both prove and undermine consent
Comparators remain the fault line of discrimination law. In this week's NLJ, Anjali Malik, partner at Bellevue Law, and Mukhtiar Singh, barrister at Doughty Street Chambers, review a bumper year of appellate guidance clarifying how tribunals should approach ‘actual’ and ‘evidential’ comparators. A new six-stage framework stresses a simple starting point: identify the treatment first
In cross-border divorces, domicile can decide everything. In NLJ this week, Jennifer Headon, legal director and head of international family, Isobel Inkley, solicitor, and Fiona Collins, trainee solicitor, all at Birketts LLP, unpack a Court of Appeal ruling that re-centres nuance in jurisdiction disputes. The court held that once a domicile of choice is established, the burden lies on the party asserting its loss
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