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22 October 2021 / Nazia Rashid
Issue: 7953 / Categories: Features , Family
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I now pronounce you…

61708
Nazia Rashid considers whether reinstating breach of promise to marry could fill a gap in the law

Could reinstating the right to sue for breach of promise to marry assist couples in non-qualifying ceremony marriages?


Do we need to re-look at the abolished right to sue for breach of promise to marry?

I recently came across a tweet which referred to reforming family law by re-introducing ‘breach of promise’ as a remedy in ‘non qualifying ceremony’ cases, on protection for parties in religious marriages promised a legally binding ceremony gone unfulfilled. (Family Law Reform Now: Twitter 09/09/21 15:45.)

My legal mind, and I am sure for many family lawyers, headed straight to the case of Akhter v Khan [2018] EWFC 54. However, at the same time, I thought of friends who have previously been in committed relationships which have broken down, and at least one party felt he/she still had a choice as to whether to proceed with the civil marriage or not regardless of what might have taken place following

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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