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12 October 2012 / David Burrows
Issue: 7533 / Categories: Features , Family
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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

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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