The following Family Q&A Produced in partnership with Charmian Jackson of St Ives Chambers provides comprehensive and up to date legal information covering:
Rule 29.12 of the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955 provides that no document or copy of a document filed or lodged with court may be inspected by or issued to any person without the permission of the court.
Consequently, the normal rule is that documentation filed within financial remedy proceedings is confidential.
The importance of this general rule has been confirmed in a number of cases, most recently HMRC v Charman in which HMRC sought disclosure of a number of documents from the proceedings. Coleridge J stated that, as a general rule, evidence from financial proceedings is not disclosable to third parties, save in exceptional and rare cases, for very good reasons. This is to ensure that parties are not deterred from providin
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Criminal offences are generally divided into two categories: •conduct crimes, and •result crimesA conduct crime is a crime where only the forbidden conduct needs to be proved. For example, an accused is guilty of dangerous driving if they drove a motor vehicle dangerously on a road or other public
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider whether or not there has been a breach of that duty. This will depend on a number of factors outlined below and considered against the general background of
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This Practice Note considers claims for damages for breach of statutory duty. For guidance on claims for damages for a negligent breach of duty of care outside a statutory duty, see Practice Notes:•Negligence—when does a duty of care arise?•Negligence—when is the duty of care breached?Breach of
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