Practice of Family Law: Evidence and Procedure

Family Law

Practice of Family Law: Evidence and Procedure

By David Burrows
Family Law LexisNexis November 2012

Specifications

ISBN-13
9781846612947
Publisher
Family Law LexisNexis
Publication
November 2012
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Practice of Family Law: Evidence and Procedure provides commentary on a variety of aspects which arise on a day-to-day basis in the family courts: rules of evidence, of procedure, and of aspects such as undue influence, estoppel, and acting for protected parties.

It adopts a wide definition of family law to comprise the law relating to family breakdown (married and unmarried) and to public law children proceedings. It comprises proceedings under CPR 1998 as well as the mainstream under FPR 2010; and also touches on administrative law aspects (judicial review the administrative appeal tribunals).

Table of Contents

INTRODUCTION

  • General principles [ie pervasive issues]: HRA 1998; justice; end to litigation; bias; confidentiality
  • Legal aid
  • Costs 

PROCEDURE

  • Structure of the rules
  • Case management
  • Hearings: a fair trial
  • Appeals
  • Set aside applications
  • Enforcement
  • Tribunals
  • Judicial review
  • Chancery matters: land, equity and bankruptcy; undue influence
  • Agreements
  • Consent orders and court dispute resolution; duty of district judge on consent orders
  • Injunctions and interim remedies
  • Undertakings

EVIDENCE

  • Issues
  • Facts not requiring proof: judicial notice, issue estoppel, admissions
  • Relevance and admissibility
  • Burden and standard of proof
  • Hearsay
  • Evidence of children and protected parties
  • Opinion evidence
  • Disclosure
  • Privilege
  • Legal professional privilege
  • Self-incrimination privilege
  • Without prejudice privilege
  • Public interest immunity
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