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12 February 2009
Issue: 7356 / Categories: Features
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A scandal in our midst

David Burrows laments the ruinous costs’ toll of family proceedings

'The ‘scandal’ of which Munby J complains is mostly of the lawyers’ doing: we must accept that and be ashamed'

In KSO v MJO and ors [2008] EWHC 3031 (Fam) a despairing Mr Justice Munby concluded his judgment by referring to “ancillary relief litigation conducted at ruinous expense to the parties” [75]. He went on, “something must be done…We simply cannot go on as we are” [81]; and aptly he quotes from Bleak House (Charles Dickens) Ch 65. Of Jarndyce v Jarndyce he includes Allan Vholes’s comment, that the estate has been entirely absorbed in costs, and “thus the suit lapses and melts away”.
And yes, something must be done: but by whom and to what agenda? The practising profession, bears a large proportion of blame; but what of the others involved: the judges, the civil servants, the politicians; and what of the procedures and formalities under which we have to operate and which engulf the unwitting family litigant?

Sloppy rule drafting
Many of us will remember 1 May 1997 as the election of the fi

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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