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28 October 2011 / David Burrows
Issue: 7487 / Categories: Features , Family
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Show & tell

Parties must nail their evidential colours to the mast, observes David Burrows

Perhaps the most important role of the lawyer in any litigation—and financial provision on family breakdown is no exception—is to define the issues in the case: of fact and of law. Once the issues in the case are defined (and refined in many family cases, as factors change prior to a final hearing: see, eg Lady Hale in Re B (Children) [2008] UKHL 35, [2008] 4 All ER 1: “In family life, as in family proceedings, nothing stands completely still”), then the parties can be clear what evidence they seek to adduce; for it is a cardinal rule of evidence that only evidence which is relevant to an issue can be admitted by the court.

In N v F (Financial Orders: Pre-Acquired Wealth) [2011] EWHC 586 (Fam), [2011] All ER (D) 96 (Apr), Mostyn J provides clear guidance warnings to practitioners on dealing with evidence in preparation for trial. The background to the case—another exercise of judicial discretion in another “not very big money case”—is dealt with later. The guidance meat of

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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