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06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
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Family law

Constantinides v Constantinides [2013] EWHC 3688 (Fam), [2013] All ER (D) 336 (Nov)

Proceedings for the enforcement of a maintenance order which were registered in a magistrates’ court were not automatically ‘family proceedings’ so as to be the subject of the FPR, although by virtue of s 65(2) of the Magistrates’ Court Act 1980  the court “may if it thinks fit order that [they]...be treated as family proceedings...” Section 93(6) of the 1980 Act and s 5 of the Debtors Act 1869 had to be construed and applied so as to have the same practical result and effect. Accordingly, a magistrates’ court could not find, for the purposes of s 93(6), that there had been “wilful refusal or culpable neglect” unless it was satisfied that the person in default “has or has had...the means to pay...” A magistrates’ court could not lawfully commit a person to prison for default in paying a maintenance order, or a maintenance order which had been registered in that court, unless it was satisfied that the payer had, or had had, the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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