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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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