header-logo header-logo

12 October 2012 / David Burrows
Issue: 7533 / Categories: Features , Family
printer mail-detail

Patchy in parts

FPR 2010 deals with the subject of inquiry & information inconsistently, says David Burrows

One of the oddities of the Family Procedure Rules 2010 is that the subject of inquiry and information is not dealt with in a consistent way. Indeed, in an area of law often described as “inquisitorial” it is often not dealt with at all. In “Spare part”, Mary Blyth looks critically at the information request procedure in the Civil Procedure Rules 1998, Pt 18 (Further Information) and of National Grid Electricity Transmission plc v ABB Ltd and ors [2012] EWHC 869 (Ch), [2012] All ER (D) 92 (Apr). What of the same subject in the context of family proceedings? It will be recalled that CPR 1998 cannot apply to family proceedings (CPR 1998, r 2.1(2)); so formally CPR 1998, Pt 18 cannot apply in family proceedings.

Information & inquiry

The assertion that the family courts have an inquisitorial role, or that family courts have a “non-adversarial role” (which is not quite the same thing) recurs frequently in case

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll