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Judicial line: 12 September 2019

12 September 2019
Issue: 7855 / Categories: Case law , In Court , Judicial line
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This week: respondent’s unknown address; CSA chargeback; venue for set aside; upping costs; summary judgment omission; right of audience.

GONE MISSING

Q Is the court empowered to make an order for disclosure of the proposed respondent’s address against a government department before the institution of family proceedings?

A ‘Requests’ to government departments (other than HMRC which requires an order of the High Court to be made) for disclosure of an address, are covered by FPR PD6C and presuppose that there are existing proceedings or at least proceedings being issued at the same time. FPR Part 21 does allow for disclosure by a non-party, but only where there are proceedings. There is no procedure for applications for disclosure to be made before issue, unless on an undertaking to issue. The Family Law Act 1986 s 33 can be used where the address might be held institutionally by, say, a local authority or school and while that is only to disclose a child’s whereabouts, invariably that leads to the proposed respondent.

The CSA conundrum

Q Your

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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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