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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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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