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The divorce debacle

06 November 2014 / Jonathan Herring
Issue: 7629 / Categories: Features , Family
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Jonathan Herring reports on a rare case of divorce fraud

It is not often that cases on divorce are reported these days. Generally granting divorce is essentially a bureaucratic procedure and defended divorce cases are even rarer than a legal aid certificate in the family law courts. Indeed the government has indicated plans to introduce divorce through the internet at some point in the future.

Front page news

Much media excitement greeted Rapisarda v Colladon [2014] EWFC 35, [2014] All ER (D) 03 (Oct), where Sir James Munby gave the judgment. The case involved “a conspiracy to pervert the course of justice on an almost industrial scale” (para 1). The court needed to consider 180 divorce petitions issued between August 2010 and February 2012 to 137 different county courts from all around the country.

The judgment contains, by way of background, a helpful summary of the divorce procedure in England and Wales: “An application for divorce is made in the English court by an originating process called a petition. The person applying for divorce

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

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Senior associate promotion strengthens real estate offering

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Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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