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30 May 2013 / David Burrows
Issue: 7562 / Categories: Features , Family
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Statute rules

International comity prevents disclosure of prosecution documents in family proceedings, as David Burrows reports

In P v P [2012] EWHC 1733 (Fam), Moylan J ordered production of information to Mrs Gohil against the Crown Prosecution Service (under Family Procedure Rules 2010 r 21.2). This information had been provided to the CPS under international provisions intended to assist criminal prosecution. Mr Gohil had already been successfully prosecuted. The information which Mrs Gohil sought might assist her application to set aside a financial remedy order, dated April 2004. She believed the order had been obtained against a background of misrepresentation on the part of Mr Gohil.

An appeal against the order by the CPS, in a case now entitled Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550; [2013] 1 FCR 371, was brought on for hearing quickly by the Court of Appeal. The appeal was allowed (Lord Neuberger MR, who gave the judgment of the court, Hallett and McFarlane LJJ), and, on the face of it, its resolution was very simple, given the wording

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
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Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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