The general guidelines are designed to promote generally the good and
equal conduct of the parties» legal representatives (Annex 1, para 1).
Not exact matches
The new ethics law being touted by Gov. Andrew Cuomo parcels
equal roles to Democrats and Republicans in investigating lawmakers
of both
parties suspected
of questionable
conduct.
Midway between these two extremes, the English court has only limited control over the expert's work, for instance by ensuring
equal access to documents and information by the experts
of each
party; similarly, under Dutch civil procedure, it is up to the court to ascertain whether the expert's investigations will be
conducted under its supervision or not.
Despite expressing his concern that there was «a significant potential» that the litigation was being
conducted in a «disproportionate» manner, and that it may be the case that, in making an order, the
parties might exhaust all
of the resources available to them, Moylan J felt that the factor that warranted the most weight, when deciding whether to exercise the discretionary power to make an order, was the obligation, so far as practicable, «to ensure or to seek to ensure that the
parties [were] on an
equal footing».
This is in effect
conduct through the «back door» and the approach was criticised by the House
of Lords and sensibly so, as it would be a rare case in which the
parties had equally decided that their marriage / civil partnership was at an end and that there had been
equal fault on both sides.
What this meant in practice, was that Texas child visitations would be approached from the perspective
of both
parties having
equal rights, unless there were some compelling reasons why this shouldn't be the case (such as for reasons
of violent
conduct or abusive relationships.)