header-logo header-logo

07 October 2010
Categories: Case law , Judicial line , In Court
printer mail-detail

Locating missing respondents

Government departments are becoming increasingly more unco-operative...

Government departments are becoming increasingly more unco-operative about assisting in the disclosure of addresses of “missing” respondents so as to facilitate service of matrimonial proceedings, even where financial and/or child care issues have to be determined. Letters to the Department for Work and Pensions seem to end up with HM Revenue & Customs (HMRC) which says it will disclose nothing without a High Court order. What can be done about procuring help and from whom?

The arrangements for disclosure of addresses by government departments were agreed and set out in the Practice Direction (Disclosure of Addresses) [1989] 1 All ER 765, as amended (PD). However, most departments will not disclose information without a court order. The court may make an order for disclosure in cases falling within the terms of the PD or, in the case of a missing child, under the Family Law Act 1986, s 33, but not all departments will accept such an order as sufficient authority to disclose confidential information. In the case of HM

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll