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04 August 2017 / Stephen Gold
Issue: 7757 / Categories: Features , Civil way
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Civil way: 4 August 2017

Petitioners to be truthful; Chinese Tiger judgment; & getting rid of the judge

AT THE FAMILY COALFACE

The Family Procedure (Amendment No 2) Rules 2017 (SI 2017/741) come into force on 7 August 2017.

Truth development There’s good reason for a FPR 17 statement of truth (SoT) and it has nothing to do with condemning the LiP to ponder what the hell it is. Proceedings for contempt may be brought against a person who makes a false statement in a document which is verified by a SoT without an honest belief in its contents (r 17.6). Curiously, a SoT has not been required to back up the lies, exaggerations and honesty (as the case may be) in a matrimonial or civil partnership petition or answer although the subsequent supporting statement on the application for a decree has required one. That changes for a petition or answer filed on or after 7 August 2017 although these latest amendment rules perform a summersault by providing that if the petition or answer are filed before 4 September 2017 without a SoT then it will be accepted.

Thou shalt

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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