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13 June 2014
Issue: 7610 / Categories: Case law , Law digest , In Court
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Divorce

Price v Price [2014] EWCA Civ 655, [2014] All ER (D) 28 (Jun)

The proceedings concerned an application for divorce by the wife.  Consideration was given to the Family Procedure Rules 2010 (FPR 2010).

The husband submitted that the provisions of Rule 4.6 FPR 2010, which set out the circumstances where relief from sanctions might be available, ought to have been taken into account. The wife, while agreeing that the FPR 2010 was relevant, submitted that the judge had not needed to refer to it explicitly, and that his decision had sufficiently taken its provisions into account.

The Court of Appeal held that a judge had to have regard to r 4.6 FPR 2010, but that did not remove the force of the old authorities. The decision to be taken involved an amalgam of procedural rules and authorities. A consideration of an application to have a certificate set aside and for leave to file an answer out of time would therefore require a consideration of all of the circumstances of the case, including those spelled out in

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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