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12 September 2019
Issue: 7855 / Categories: Case law , In Court , Judicial line
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Judicial line: 12 September 2019

This week: respondent’s unknown address; CSA chargeback; venue for set aside; upping costs; summary judgment omission; right of audience.

GONE MISSING

Q Is the court empowered to make an order for disclosure of the proposed respondent’s address against a government department before the institution of family proceedings?

A ‘Requests’ to government departments (other than HMRC which requires an order of the High Court to be made) for disclosure of an address, are covered by FPR PD6C and presuppose that there are existing proceedings or at least proceedings being issued at the same time. FPR Part 21 does allow for disclosure by a non-party, but only where there are proceedings. There is no procedure for applications for disclosure to be made before issue, unless on an undertaking to issue. The Family Law Act 1986 s 33 can be used where the address might be held institutionally by, say, a local authority or school and while that is only to disclose a child’s whereabouts, invariably that leads to the proposed respondent.

The CSA conundrum

Q Your team has suggested in the past that a charge-back

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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