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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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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