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06 November 2014 / Jonathan Herring
Issue: 7629 / Categories: Features , Family
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The divorce debacle

herring

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

Carey Olsen—Patrick Ormond

Carey Olsen—Patrick Ormond

Partner joinscorporate and finance practice in British Virgin Islands

Dawson Cornwell—Naomi Angell

Dawson Cornwell—Naomi Angell

Firm strengthens children department with adoption and surrogacy expert

Penningtons Manches Cooper—Graham Green

Penningtons Manches Cooper—Graham Green

Media and technology expert joins employment team as partner in Cambridge

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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