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28 June 2007
Issue: 7279 / Categories: Case law , Law digest
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Family Law

Wood v Rost [2007] All ER (D) 198 (Jun)

(i) an agreement to compromise ancillary relief proceedings does not give rise to an enforceable contract. The agreement gains its authority from its subsequent approval by the court and incorporation into an order;

(ii) it is the duty of the parties and, more importantly, their professional advisers to ensure that orders are drawn up with care so as to ensure that they clearly provide for what the parties have agreed;

(iii) when a court is subsequently called upon to determine what was the true effect of an order the question is one of construction. The court will look at all the surrounding circumstances to give effect to its spirit and purpose;

(iv) the court’s power to correct errors in its orders is not confined to accidental slips and omissions (the “slip rule”).  It also has an inherent power to vary its own orders to make the meaning and intention of the order clear.

Issue: 7279 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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