header-logo header-logo

14 July 2023
Issue: 8033 / Categories: Legal News , Family , Child law , Procedure & practice
printer mail-detail

NLJ this week: Family rules break their own simplicity commandment

130128
Rules should be ‘simple and simply expressed’, according to the Courts Act 2003—yet Mr Justice Mostyn recently urged rule-makers to look again at the ‘Byzantine’ rules governing the release of documents to children proceedings.

In this week’s NLJ, solicitor advocate and NLJ columnist David Burrows looks at the case, EBK v DLO, and the surrounding issues.

Burrows writes: ‘This subject takes an unsuspecting parent into a variety of confusing (including for Mostyn J) and confused crosscurrents of law and procedural rules. As this article concludes, the twists demanded by the rules may justify parties to a case like EBK in seeking a declaration that the rules as they now stand are barely lawful.’ 

Read more on the 'tangled web' here.

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll