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I can see clearly

11 November 2016 / David Burrows
Issue: 7722 / Categories: Features , Family
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David Burrows reports on clarity, fairness & the judgment summons procedure

  • Precedent and the common law apply to family proceedings as to any other case law.

  • The role of precedent, predictability, clarity and fairness in judgment summons procedures under Debtors Act 1869, s 5.

  • Committal proceedings: proof to the criminal standard and subject to European Convention 1950, Art 6(3).

Like any proceedings in an English court, family proceedings are governed by the rule of law. This assumes that court process is fair and governed by the common law. For example, in Richardson v Richardson [2011] EWCA Civ 79, [2011] All ER (D) 86 (Feb) Sir James Munby P—then Munby LJ—said: “The Family Division is part of the High Court. It is not some legal Alsatia [a lawless part of London just to the west of the City of London (alongside Blackfriars and Fleet Street), so named in the early 17th century when the Thirty Years War was raging in Alsace] where the common law and equity do not apply. The

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
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As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
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