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01 September 2023
Issue: 8038 / Categories: Case law , In Court , Law digest
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Law digests: 1 September 2023

Appeal

BF v LE [2023] EWHC 2009 (Fam), [2023] All ER (D) 78 (Aug)

The High Court, Family Division, dismissed the appellant’s (B) claim to have a consent order set aside. Financial remedy proceedings commenced in 2018 where B made a witness statement alleging domestic abuse by the defendant husband. The consent order was signed by both parties and their legal representatives. It fell to be decided whether (i) B had lacked capacity at the material time of the final hearing and the signing of the order and; (ii) there should have been participatory directions/special measures in force pursuant to CPR PD 3AA and FPR, Part 3A. The court held that both grounds should have been raised on appeal. The Mental Capacity Act 2005 created a presumption in favour of capacity: therefore, there was no error in the previous decisions of district courts. Further, the fact that B had raised the allegations of domestic abuse before the final hearing, and that she might have benefited from special measures, did not lead

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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