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27 January 2011
Issue: 7450 / Categories: Case law , Judicial line
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Special procedure child dispute

A petition pleads a child as a non-child of the family but in his acknowledgement of service...

A petition pleads a child as a non-child of the family but in his acknowledgement of service the respondent contends that the child is a child of the family. No answer is filed. Can the case proceed in the special procedure list on the basis that the child is not a child of the family? 

No. The issue has wide implications and would need to be determined before certification of entitlement to a decree under the special procedure. Almost certainly, the district judge would list a directions hearing on the issue which the parties would be required to attend. Confusion by the parties or one of them often arises because of ignorance of the fact that a child is of the family if treated as such although one of the parties is not a biological parent. Problems also commonly arise where there is an inconsistency between the petition (drafted by solicitors) and the statement of arrangements (completed by

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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