Bloomsbury Family Law Briefing: December Teaser

Case Summaries

F v M [2021] EWHC 3133 (Fam) (23 November 2021), Hayden J – Further hearings in case of F v M [2021] EWFC 4 (15 January 2021), Hayden J where F’s controlling behaviour was strikingly similar in two family relationships, though two women involved were of different ages and living in dissimilar circumstances. The judge said he could not – and would not - restrict F’s self incrimination privilege in the light of CA.

 Borg v El Zubaidy [2021] EWHC 3227 (Fam) (30 November 2021), Poole J – Further committal sentences for father’s failure to return children from Libya since 2015. He continued to deny his contempt. Consideration of ‘use of best endeavours’ in context of committal.

 MG v AR [2021] EWHC 3063 (Fam) (16 November 2021), Mostyn J – Order for security for costs made against a father in Dubai, who seeks an order in respect of his six-year-old child. Principles governing security for costs in family proceedings considered (see esp [53]).

Aldoukhi v Abdullah [2021] EWHC 3086 (Fam) (18 November 2021), Moor J – Financial issues between the parties under Matrimonial and Family Proceedings Act 1984, Pt 3 and Trusts of Land and Appointment of Trustees Act 1996 case managed together in Family Division.

BT v CU [2021] EWFC 87 (1 November 2021), Mostyn J – H’s preliminary issue application refused as to whether H should be entitled to apply for permission to appeal out of time (Barder v Barder (Caluori intervening) [1988] AC 20, [1987] 2 FLR 480).

Boodia v Yatsyna [2021] EWCA Civ 1705 (17 November 2021) – Where an order of other documents gives ‘At least x days’ before a given event that period is not extended by the ‘clear days’ requirement of CPR 1998, r 2.9(3) (at [44]); and see equivalent FPR 2010, r 2.9(3

Family courts: the same common law

In Richardson v Richardson [2011] EWCA Civ 79, [2011] 2 FLR 244 (8 February 2011) – when he was then sitting in the Court of Appeal – Munby LJ commented: ‘[53] … The Family Division is part of the High Court. It is not some legal Alsatia [a lawless area not far from seventeenth century Blackfriars] where the common law and equity do not apply.’ This article considers the way in which proceedings rules emerged and developed for family proceedings separately from civil proceedings; and then looks at one or two examples – especially in the are of disclosure – where Family Procedure Rules 2010 must be read alongside Civil Procedure Rules 1998.

The Family Law Briefing is part of the Bloomsbury Law Online Service. The full briefing is available here.

David Burrows

Written by David Burrows

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