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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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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