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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

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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