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Show & tell

28 October 2011 / David Burrows
Issue: 7487 / Categories: Features , Family
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Parties must nail their evidential colours to the mast, observes David Burrows

Perhaps the most important role of the lawyer in any litigation—and financial provision on family breakdown is no exception—is to define the issues in the case: of fact and of law. Once the issues in the case are defined (and refined in many family cases, as factors change prior to a final hearing: see, eg Lady Hale in Re B (Children) [2008] UKHL 35, [2008] 4 All ER 1: “In family life, as in family proceedings, nothing stands completely still”), then the parties can be clear what evidence they seek to adduce; for it is a cardinal rule of evidence that only evidence which is relevant to an issue can be admitted by the court.

In N v F (Financial Orders: Pre-Acquired Wealth) [2011] EWHC 586 (Fam), [2011] All ER (D) 96 (Apr), Mostyn J provides clear guidance warnings to practitioners on dealing with evidence in preparation for trial. The background to the case—another exercise of judicial discretion in another “not very

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Druces—Lisa Cardy

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Leading patent litigator joins intellectual property team

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Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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