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29 November 2018 / David Burrows
Issue: 7819 / Categories: Features , Family
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Evidence in family proceedings 2018

David Burrows shines the spotlight on the latest developments in evidence & family law

  • Standard of proof: overall assessment on the preponderance of evidence.
  • Obtaining evidence from the police in care proceedings.
  • Expert evidence: a worsening squeeze on legal aid payments in children proceedings.

The law of evidence is mostly defined by the common law, and can only be changed by statute or by higher common law authority. Court rules may define the common law, but they cannot change it. In ‘Achieving best evidence in the civil courts’, NLJ 19 October 2018 at p15, Richard Samuel illustrates this in relation to oral evidence in cases where it ‘really counts’, under Civil Procedure Rules 1998 (CPR 1998) (ie CPR 1998 rr 32.4(1) and (2) (witness statements as a summary of oral evidence), 32.5(2) (statements as evidence in chief) and 32.10 (witnesses with served statements only to give evidence).

The Family Procedure Rules 2010 (FPR 2010) repeat these rules verbatim at rr 22.4, 22.5 and 22.5(2). Meanwhile, achieving of best evidence (ie Achieving

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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