Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
EU laws continue until at least 2038 and beyond
The UK left the EU on 31 January 2020.  But in matters of law it fully leaves on 31 December 2020.  But EU laws will continue to apply, and be applied, in the English family courts from 1...
Family Law Awards winners announced in virtual awards ceremony
The winners of the Family Law Awards 2020 were announced at 4pm during a much-anticipated virtual awards ceremony. Over the past ten years, the Family Law Awards has recognised the leading players in...
Behaviour-based divorces still merit close consideration
Some recent cases illustrate the evidential and procedural issues involved in dealing with proofs on the merits of divorce, which are worth considering even though most cases may conclude on a...
HM Courts & Tribunals Service confirms 2020 Christmas and new year closure dates
HM Courts & Tribunals Service (HMCTS) has confirmed the dates over the Christmas and new year period in which Crown Courts, magistrates’ courts,...
View all articles
Authors

M v M: Financial Misconduct and Subpoenas

Sep 29, 2018, 17:31 PM
The article gives an in-depth analysis of the case and practice points if instructed on the part of the witness on a subpoena duces tecum
Slug : m-v-m-financial-misconduct-and-subpoenas
Meta Title : M v M: Financial Misconduct and Subpoenas
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Nov 28, 2006, 04:23 AM
Article ID : 87929

Howard Shaw and Mark Emanuel, Barristers 29 Bedford Row and Tony Roe Partner, Boyes Turner, Reading. According to the House of Lords judgments in Miller v Miller; McFarlane v McFarlane [2006] UKHR 24, [2006] 1 FLR 1186 conduct has to be established within the realm of s 25(2)(g) of the Matrimonial Causes Act 1973. Conduct must now be exceptional, defined by Miller as being gross and obvious. One case which fell within that requirement, albeit that the judgment predated Miller was M v M (Financial Misconduct; Subpoena Against Third Party) [2007] FLR (forthcoming). The case is one of the few reported on how to deal with evidence sought from third parties. It is the only case known to the authors where the court has considered the use of subpoenas since the Human Rights Act 1998 came into force. The article gives an in-depth analysis of the case and practice points if instructed on the part of the witness on a subpoena duces tecum. See December [2006] Fam Law for the full article.

Categories :
  • Articles
Tags :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from