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Civil way: 25 May 2018

25 May 2018
Issue: 7794 / Categories: Features , Civil way , Procedure & practice
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  • Worthless divorces.
  • Witness chat disaster.
  • First-class appeals.
  • Happy tune for whistlers.

FAMILY WAYS

Ooops The FD President issued interim guidance on 23 April 2018 on the procedural path to be followed by judges in relation to dummy decrees. A number of cases have been brought to his attention where decrees nisi and absolute have been granted notwithstanding that divorce petitions have been presented within one year of the marriage or before the expiration of the two year separation period under s 1(2)(d) or (e) of the Matrimonial Causes Act 1973. In the former situation, the decrees are null and void and the defect cannot be cured by petition amendment (and any financial remedy order will surely fall). A remarriage would be invalid and any children born of it would be illegitimate. In the latter case, the President suggests that the same consequences would follow except that ‘it may be possible, if the facts warrant it, to amend the petition to plead one of the grounds set out in ss 1(2)(a)

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MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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