Evidence, Practice and Procedure: Uncertain control of interim applications at PRFD

Anarchy is too strong a word for it; but so far as anarchy means without rule (‘archy' comes from classical Greek arkhia meaning rule) it begins to apply. In S v M (Maintenance Pending Suit) [2012] EWHC 4109 (Fam) Coleridge J heard two appeals in the same case where district judges in the Principal Registry had made orders which seem to have overlooked the law (in certain important respects) and to have paid little regard to the relevant facts. Coleridge J expressed his incredulity in restrained terms. He allowed the husband's appeals and gave him part of his costs (see later) part reserved. His judgement does not state to what extent the applicant wife's lawyers and the courts attempted to comply with correct procedures (Family Procedure Rules 2010 r 9.7 Parts 20 and 18; and see Family Law [2013] May).

The husband and wife...

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