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21 June 2012 / David Burrows
Issue: 7519 / Categories: Features , Divorce , Family
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Signed & sealed?

David Burrows breaks the seal on Kim v Morris

 

Most divorce cases proceed as a simple administrative exercise, performed by court staff and a district judge, in exchange for a court fee of £340 (the same applies to “applicants” for civil partnership orders, to whom this article also applies). The process is entirely statutory; and thus any judicial discretion must be prescribed by statute. A case has to be properly pleaded: under Family Procedure
Rules 2010 (FPR 2010) forms mostly do that job.

Divorce procedure (FPR 2010, Pt 7) is based on extinct county court rules: interrogatories and discovery only went in April 2011. If a cause is defended, precision pleading is still essential. Matrimonial Causes Act 1973 (MCA 1973), s 1(3) requires the court to “inquire” into the facts. If the facts (set out in s 1(2)) are proved, the marriage will be found to have irretrievably broken down (s 1(1)) and a decree will follow (s 1(5)). Though MCA 1973 does not say so, the decree is in the
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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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