header-logo header-logo

Patchy in parts

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

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll