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16 August 2007
Issue: 7286 / Categories: Features , Civil way
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Civil way: 17 August 2007

a silver jubilee (2)

Special procedure divorces

In 1984, “Litigation” (the former title of this column) rediscovered the Queen’s Proctor was still alive when Sir John Arnold, President of the Family Division, rescinded three decrees nisi based on unreasonable behaviour in favour of petitioners who had sworn special procedure affidavits falsely deposing that they and their spouses were not living together.

Queen’s Proctor Still Snooping—Official

Who referred...the cases to the court? Why, our old friend the Queen’s Proctor—back from those balmy days of collusion and discretion statements. The QP currently investigates about 100 cases a year through two Treasury Solicitor lawyers. Nosey neighbours still do their stuff (the practice of some local newspapers in listing decrees pronounced has made this a more active source of information) and petitioners who have secured a decree on the strength of their special procedure affidavit can find on the children’s appointment that the judge discovers more than they had bargained for and directs the papers to be sent to the QP.

And any citizen with a social conscience but without a cause might become a professional intervener under

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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