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11 November 2016 / David Burrows
Issue: 7722 / Categories: Features , Family
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I can see clearly

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David Burrows reports on clarity, fairness & the judgment summons procedure

  • Precedent and the common law apply to family proceedings as to any other case law.

  • The role of precedent, predictability, clarity and fairness in judgment summons procedures under Debtors Act 1869, s 5.

  • Committal proceedings: proof to the criminal standard and subject to European Convention 1950, Art 6(3).

Like any proceedings in an English court, family proceedings are governed by the rule of law. This assumes that court process is fair and governed by the common law. For example, in Richardson v Richardson [2011] EWCA Civ 79, [2011] All ER (D) 86 (Feb) Sir James Munby P—then Munby LJ—said: “The Family Division is part of the High Court. It is not some legal Alsatia [a lawless part of London just to the west of the City of London (alongside Blackfriars and Fleet Street), so named in the early 17th century when the Thirty Years War was raging in Alsace] where the common law and equity do not apply. The

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MOVERS & SHAKERS

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland—Claire Petheram

Eversheds Sutherland strengthens top-ranked pensions practice with appointment of former global head of pensions

mfg Solicitors—Hannah Finnegan

mfg Solicitors—Hannah Finnegan

Law firm strengthens private client team to support continued growth

Devonshires—Andrew Cromb

Devonshires—Andrew Cromb

Devonshires expands offering with appointment of tax partner Andrew Cromb

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
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
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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