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Civil way: 8 April 2011

07 April 2011 / Stephen Gold
Issue: 7460 / Categories: Features , Civil way
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We cannot stop.

We cannot stop. We are back with more fodder on the Family Procedure Rules 2010 (S1 2010/2955) which came into force on 6 April 2011. Eat well.

FAMILIARITY WITH THE FAMILY

Bite 7 “I want more” CPR type further information is introduced by r 7.15.

The court may at any time order a party to clarify any matter in dispute in a petition or answer relating to matrimonial or civil partnership proceedings or give additional information about it. PD 7A paras 6.1 to 6.5 say that the request must be concise and confined to matters which are reasonably necessary and proportionate to enable the requesting party to prepare their own case or understand the other party’s case.

Before applying to the court a written request for the information should be served expressed to be made under r 7.15 and containing no other subject matter (like offers of settlement or threats to kill)  and give a deadline for reply which is to allow a reasonable time. There is no requirement for the reply to be verified by a statement of truth.

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