By Dominique Gillan We are well familiar with the rules and practice directions dealing with vulnerable parties in family proceedings.  But what about the less frequently encountered position of a party who lacks litigation capacity?   The starting point is the Mental Capacity Act 2005 which provides as follows: S1 Principles …… A person must...

Holly Parker   With advances in technology, an increasing number of parties are seeking to rely on covert recordings in family proceedings. On the surface, such recordings may appear to provide helpful evidence of alleged behaviour. However, the courts generally view recordings of these nature in a dim light. In Re B (A Child) [2017]...

Introduction Picture this: you are instructed to represent a client in their application for without notice non-molestation and occupation orders under the Family Law Act 1996 (‘FLA 1996’). The court has read the application and has granted a without notice order on the papers and listed a return hearing. All good so far. You read...

Questionnaires at First Appointments are forever a battle between lawyers as to what is necessary/proportionate and what is cross-examination. Since the introduction of rule 9.14(5) there is now a direction that both parties in a financial remedies case must provide one another with a questionnaire requiring further information about their finances 14 days prior to...