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Show & tell

28 October 2011 / David Burrows
Issue: 7487 / Categories: Features , Family
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Parties must nail their evidential colours to the mast, observes David Burrows

Perhaps the most important role of the lawyer in any litigation—and financial provision on family breakdown is no exception—is to define the issues in the case: of fact and of law. Once the issues in the case are defined (and refined in many family cases, as factors change prior to a final hearing: see, eg Lady Hale in Re B (Children) [2008] UKHL 35, [2008] 4 All ER 1: “In family life, as in family proceedings, nothing stands completely still”), then the parties can be clear what evidence they seek to adduce; for it is a cardinal rule of evidence that only evidence which is relevant to an issue can be admitted by the court.

In N v F (Financial Orders: Pre-Acquired Wealth) [2011] EWHC 586 (Fam), [2011] All ER (D) 96 (Apr), Mostyn J provides clear guidance warnings to practitioners on dealing with evidence in preparation for trial. The background to the case—another exercise of judicial discretion in another “not very

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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
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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