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28 October 2011 / David Burrows
Issue: 7487 / Categories: Features , Family
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Show & tell

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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
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Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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