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17 December 2021
Issue: 7961 / Categories: law reports , In Court , Law digest
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Law digests: 17 December 2021

Family proceedings

Re AI M [2021] EWHC 303 (Fam), [2021] All ER (D) 112 (Jan)

The Family Division allowed the mother’s application for an additional legal services funding order of £643,000, in relation to an appeal which was listed to be heard in the Court of Appeal, Civil Division, concerning an earlier ruling, in proceedings concerning two children, on the question of whether the court had jurisdiction to investigate the acts of the state of the UAE and or Dubai. The court considered that, in circumstances where it had already determined that, irrespective of the assets the mother undoubtedly had at her disposal, the father should be funding her legal fees on an ongoing basis during the currency of the proceedings, it could see no distinction which would justify limiting its jurisdiction, so as to exclude funding of an appeal process. Further, the court held that it was either irrelevant, or certainly not determinative, that the Court of Appeal had a security for costs mechanism available to it, and that the father

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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