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19 May 2011 / David Burrows
Issue: 7466 / Categories: Features , Family
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Under new rule (5)

In his fifth FPR update, David Burrows looks at rules on evidence & disclosure

The procedural rules about evidence in the Family Procedure Rules 2010 (FPR 2010) are derived almost verbatim from the Civil Procedure Rules 1998 (CPR 1998): Pt 22 (entitled “evidence”) is derived from CPR 1998 Pt 32; Pt 23 (“miscellaneous rules about evidence”) from Pt 33; Pt 25 (“experts” and their evidence) from Pt 35. Part 21 (“miscellaneous rules about disclosure and inspection of documents”) telescopes CPR 1998 disclosure and inspection into one rule only, r 21.1 (rr 21.2 and 21.3 deal with disclosure against a third party and public interest immunity, both of which are only tangentially relevant to the main subject).

Evidence and the overriding objective

Evidence rules must be considered (as with any other of the new rules) with the overriding objective in mind. A case must be dealt with “in ways which are proportionate to…the complexity of the issues”; and issues must be defined at an early stage (rr 1.1(2)(b) and 1.4(2)(b)(i)). These amongst other case

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

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Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
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