header-logo header-logo

Locating missing respondents

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

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

Slater Heelis—Chester office

Slater Heelis—Chester office

North West presence strengthened with Chester office launch

Cooke, Young & Keidan—Elizabeth Meade

Cooke, Young & Keidan—Elizabeth Meade

Firm grows commercial disputes expertise with partner promotion

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

NEWS
The House of Lords has set up a select committee to examine assisted dying, which will delay the Terminally Ill Adults (End of Life) Bill
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
back-to-top-scroll