Spotlight
Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'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
The suspension, during lockdown, of prison visits for children: was it lawful?
Jake Richards, 9 Gough ChambersThis article argues that the suspension on prison visits during this period and the deficiency of measures to mitigate the impact of this on family life and to protect...
Re R (Children) (Control of Court Documents) [2021] EWCA Civ 162
(Court of Appeal (Civil Division), King, Peter Jackson, Elisabeth Laing LJJ, 12 February 2021)Practice and Procedure – Disclosure of court documents – Sexual abuse findings –...
AG v VD [2021] EWFC 9
(Family Court, Cohen J, 04 February 2021) Financial Remedies – Matrimonial and Family Proceedings Act 1984, Part III – Russian divorceThe wife was awarded just under £6m...
Become the new General Editor of The Family Court Practice, the definitive word on family law and procedure
The Family Court Practice (‘The Red Book’) is widely acknowledged as the leading court reference work for all family practitioners and the judiciary. We are currently recruiting a...
SCTS releases new simplified divorce and dissolution forms for Scotland
The Scottish Courts and Tribunals Service (SCTS) has released new simplified divorce and dissolution forms of application. As a result of legislation repealing Council Regulation EC 2201/2003, the...
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