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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

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The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
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