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Under attack

01 February 2013 / David Burrows
Issue: 7546 / Categories: Opinion , Family
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David Burrows warns of an assault on family law

As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. For example, “review” hearings in children cases; restrictions in the rules on disclosure in financial remedy proceedings; and costs limitations in financial remedy proceedings: no statutory powers exist for any of these. To ignore the law, as the cases below show, can be repressive and is certainly illegal.

The beginning

Re B (Children) [2008] UKHL 35, [2008] 4 All ER 1 started the process. Lord Hoffmann patiently explained the principles of proof of facts in issue: till a fact in issue is proved then it is treated as not having happened (Lord Hoffmann’s binary system of evidence). This is the language of the adversarial process which

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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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