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14 October 2016 / Geraldine Morris
Issue: 7718 / Categories: Features , Family
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At a safe distance

Geraldine Morris considers when applications within financial remedy proceedings should be heard separately

  • How the requirement as to a committal application will impact on any other applications in the proceedings.
  • Is the court requited to consider the parties’ circumstances de novo on an application to vary?

One of the oddities of family law, at least from a client’s perspective, is that while the client may view “their case” in the singular, in reality, there may be several separate strands before the court, for example, the divorce (usually straightforward), financial provision (generally one application before the court, but with the potential to branch off down different routes particularly if enforcement is required), and arrangements for any children (hopefully, in most cases, capable of agreement without proceedings being issued, but sometimes not). And different rules and principles may apply to these different strands. When a scenario arises whereby separate applications and hearings are required, clients may think that this is just an opportunity for their lawyers to charge them yet more fees, but in some cases,

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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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