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28 January 2022 / David Burrows
Issue: 7964 / Categories: Features , Family , Criminal
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Coercive behaviour in family proceedings

Spotlight on domestic abuse cases: David Burrows examines proof of controlling & coercive behaviour
  • How parties in family proceedings are required to plead proof of domestic abuse, and how controlling and coercive behaviour is proved and dealt with.
  • The meaning of ‘controlling and coercive behaviour’ in legal cases, and how that meaning is translated into practical and procedural outcomes.

In any litigation, civil or criminal, the object of the applicant (or prosecution) is to obtain an order from the court (or a conviction) based on the evidence which applies. The court must consider all relevant facts and make findings on those facts which are in issue between the parties. It must apply the law to the facts as found or as agreed, and come to a decision as to whether the facts justify the order sought by the applicant/claimant.

This article looks at the way in which family courts procedurally require parties to set out (‘plead’) proof of domestic abuse in an individual case; and in particular how controlling and coercive

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
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A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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