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Evidence, Practice and Procedure: Enforcement under Family Procedure Rules 2010 and self-incrimination privilege

Date:31 MAY 2013

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsMohan v Mohan [2013] EWCA Civ 586 provides a timely reminder of the law in relation to self-incrimination privilege; but it also suggests that questions about procedure for over enforcement of family proceedings financial orders are some way from being resolved by Family Procedure Rules 2010 and the new provisions of Part 33.

Anyone commenting on a case must be wary of the fact that the court's recitation of the facts may hide factors which occurred behind the scenes. The facts of Mohan suggest a wife who had applied for capital and as the case progressed seems to have settled for declining amounts from her husband. And when a court order was made giving her nearly £2m a property was sold by H and she received £1.24m with a third of 'her due' being 'the high point of [her] pursuit' as Thorpe LJ...

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