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Law digests: 11 February 2022

11 February 2022
Issue: 7966 / Categories: Case law , In Court , Law digest
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Family proceedings

CW v CH [2022] EWFC 1, All ER (D) 28 (Jan)

The Family Court, allowed the applications for interim periodical payments and costs allowance in respect of legal fees brought by the claimant, CW, against her former husband, CH, the respondent. The claimant had brought an application for financial relief under the Matrimonial and Family Proceedings Act 1984 Part III (MFPA 1984) following a foreign divorce between her and the respondent. The respondent, argued that the applicant’s application should be dismissed as it was devoid of merit. The court held, among other things, that under ss 13 and 14 of the MFPA 1984, where leave had been granted by the court, and it had been shown that the applicant or any child of the family was in immediate need of financial assistance, the court could make an interim order for maintenance requiring the other party to the marriage to make to the applicant, or to the child, such periodical payments. Further, although the marital standard of living had been an important

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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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