header-logo header-logo

30 May 2013 / David Burrows
Issue: 7562 / Categories: Features , Family
printer mail-detail

Statute rules

International comity prevents disclosure of prosecution documents in family proceedings, as David Burrows reports

In P v P [2012] EWHC 1733 (Fam), Moylan J ordered production of information to Mrs Gohil against the Crown Prosecution Service (under Family Procedure Rules 2010 r 21.2). This information had been provided to the CPS under international provisions intended to assist criminal prosecution. Mr Gohil had already been successfully prosecuted. The information which Mrs Gohil sought might assist her application to set aside a financial remedy order, dated April 2004. She believed the order had been obtained against a background of misrepresentation on the part of Mr Gohil.

An appeal against the order by the CPS, in a case now entitled Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550; [2013] 1 FCR 371, was brought on for hearing quickly by the Court of Appeal. The appeal was allowed (Lord Neuberger MR, who gave the judgment of the court, Hallett and McFarlane LJJ), and, on the face of it, its resolution was very simple, given the wording of the statutory provisions in question. However, in explanation of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

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
back-to-top-scroll