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30 May 2013 / David Burrows
Issue: 7562 / Categories: Features , Family
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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

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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
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
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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