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17 January 2014 / David Burrows
Issue: 7590 / Categories: Features , Family
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In the doghouse

Are the Family Procedure Rules 2010 an Alsatian mongrel of dubious legality, asks David Burrows

In Richardson v Richardson [2011] EWCA Civ 79, [2011] All ER (D) 86 (Feb) Munby LJ—who as Sir James Munby P presides over the introduction of the new family court—explained that the Family Division is “part of the High Court. It is not some legal Alsatia where the common law and equity do not apply”. (“Alsatia” was an area outside the City of London between the Temple and St Brides’, where authority after the Reformation was ill-defined. The area could provide immunity from arrest. It became a refuge for criminals and malcontents; and was known as Alsatia, after Alsace, then in the throes of the Thirty Years War.)

Indeed: judges apply the common law on the final hearing of cases. Of procedural law, the Family Procedure Rules Committee (FPRC) is seeking to do the opposite. Their Family Procedure Rules 2010 are steadily amended, thus to Alsatianate procedures from the rest of civil proceedings; and often with dubious legality. To

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London Solicitors Litigation Association—John McElroy

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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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