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Vol 21 No 11 Nov/Dec 2016

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Practice of Family Law: Evidence and Procedure


ISBN13: 9781846612947
Published: November 2012
Publisher: Family Law
Country of Publication: UK
Format: Paperback
Price: £65.00



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Practice of Family Law: Evidence and Procedure provides commentary on a variety of aspects which arise on a day-to-day basis in the family courts: rules of evidence, of procedure, and of aspects such as undue influence, estoppel, and acting for protected parties.

It adopts a wide definition of family law to comprise the law relating to family breakdown (married and unmarried) and to public law children proceedings. It comprises proceedings under CPR 1998 as well as the mainstream under FPR 2010; and also touches on administrative law aspects (judicial review the administrative appeal tribunals).

Subjects:
Family Law
Contents:
INTRODUCTION
General principles [ie pervasive issues]: HRA 1998, justice, end to litigation, bias, confidentiality
Legal aid
Costs

PROCEDURE
Structure of the rules
Case management
Hearings: a fair trial
Appeals
Set aside applications
Enforcement
Tribunals
Judicial review
Chancery matters: land, equity and bankruptcy, undue influence
Agreements
Consent orders and court dispute resolution, duty of district judge on consent orders
Injunctions and interim remedies
Undertakings

EVIDENCE
Issues
Facts not requiring proof: judicial notice, issue estoppel, admissions
Relevance and admissibility
Burden and standard of proof
Hearsay
Evidence of children and protected parties
Opinion evidence
Disclosure
Privilege
Legal professional privilege
Self-incrimination privilege
Without prejudice privilege
Public interest immunity