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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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