The FLR also sets out the factors that must be considered when fixing the amount of a costs order.
Besides providing searchable access to the cases,
FLR also produces weekly ebook compilations of cases by state or federal jurisdiction.
Not exact matches
Failure to advise a respondent of their right to seek legal aid may breach of common law principles of fairness and art 6.3 (c) of the European Convention on Human Rights (see
also Hammerton v Hammerton [2007] EWCA Civ 248, [2007] 2
FLR 1133).
The doctrine of triggerability has been known
also to catch out Mr Raymond Tooth (Davies v Davies [2001] 1
FLR 39 CA, where Tooth claimed not to remember his former female client).
It is
also the case, and here we hark back to the much earlier case of re Kumar (a bankrupt)[1993] 2
FLR 382, [1993] 2 All ER 700, that a trustee in bankruptcy might succeed in setting aside a transaction if consideration in a matrimonial case could be considered insufficient.
Two ironies emerge from UL: first, that the statutory provision which codifies the jurisdiction the court is dealing with — Mareva injunctions — is not mentioned at all (namely Civil Procedure Act 1997 (CPA 1997) s 7); and second that the Matrimonial Causes Act 1973, s 37 (2)(
also considered) specifically does create a fresh injunction jurisdiction (a point understood by Mr Justice Anthony Lincoln in Shipman v Shipman [1991] 1
FLR 250, [1938] 4 All ER 732 but a case which Mostyn J erroneously seeks to side - line).
This is
also consistent with the way the Court of Justice of the European Union (CJEU) has interpreted the effect of BIIR: See JMCB - v - LE [2011] 1
FLR 518.
It may
also be justifiable from a respondent's perspective to seek postponement, although in Re L (care: confidentiality)[1999] 1
FLR 165, [1999] Fam Law 81 the court noted per curiam: that it was to be hoped that the issue of confidentiality would not be used as a basis for seeking postponement of care proceedings until the conclusion of related criminal proceedings.
See
also Mr Justice Johnson in Re L (care: confidentiality)[1999] 1
FLR 165, at 169H — 70A.
State of Western Australia and Thomas & Ors (Waljen) and Austwhim Resources NL, Aurora Gold (WA) Ltd (1996) 133
FLR 124;
also located online at www.nntt.gov.au/determin.nsf/area/ homepage.
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