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06 December 2013
Issue: 7587 / Categories: Case law , Law digest , In Court
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Family law

Constantinides v Constantinides [2013] EWHC 3688 (Fam), [2013] All ER (D) 336 (Nov)

Proceedings for the enforcement of a maintenance order which were registered in a magistrates’ court were not automatically ‘family proceedings’ so as to be the subject of the FPR, although by virtue of s 65(2) of the Magistrates’ Court Act 1980  the court “may if it thinks fit order that [they]...be treated as family proceedings...” Section 93(6) of the 1980 Act and s 5 of the Debtors Act 1869 had to be construed and applied so as to have the same practical result and effect. Accordingly, a magistrates’ court could not find, for the purposes of s 93(6), that there had been “wilful refusal or culpable neglect” unless it was satisfied that the person in default “has or has had...the means to pay...” A magistrates’ court could not lawfully commit a person to prison for default in paying a maintenance order, or a maintenance order which had been registered in that court, unless it was satisfied that the payer had, or had had, the

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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