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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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