If you do not have an account click register

Just enter your email address

Reset your password by
entering your account email
address below



Class Legal

sales & support:  01652 652 222
info@classlegal.com

@eGlance 2016.3 now available to download

@eGlance version 2016.3 is now available to download. 

As well as the normal financial updating, 2016.3 contains a number of other changes: 

In Part 3 of the Commentary on the FPR the paragraphs covering the IFLA Scheme for the arbitration of family financial disputes have been annotated to reflect the release in November 2015 of the President’s Arbitration Practice Guidance (see below).

There are several consequential additions to the Arbitration section within Support Material:
  • a new President’s Arbitration Practice Guidance twig can be found, which leads to both the Practice Guidance itself, issued in November 2015, and to earlier reports of the Financial Remedies Working Group 
  • a new twig Standard Arbitration Orders leads to a suite of revised arbitration orders, now expressly approved by the Arbitration Practice Guidance 
  • either a PDF or Word version of the arbitration claim form N8, adapted for use in the case of family business, can now be completed, printed and saved. 

The relevant provisions of the Family Procedure (Amendment No. 3) Rules 2015 which came into force on 7 December 2015 have been incorporated into the 2010 Rules. Their effect is summarised on the Amendment Rules twig.

The two new FPR Practice Directions (PD 5B and PD 9B) which also came into force on 7 December 2015 have been added, and amendments to existing PDs 6A (which took effect during December 2015) and 3A (which came into force on 1 January 2016) have been integrated.  

The International Instruments section has also been updated to include materials relevant to references to the Court of Justice of the European Union. 

As always, the selection of Leading Cases to which instantaneous access is available has been amended and expanded to bring it up to date as at mid-January 2016.  

STOP PRESS!
The word is out that with effect from 1 February financial remedy proceedings before High Court Judges will be subject to further efficiency requirements (in addition to those already contained in the 1 July 2015 edition of the Statement on the Efficient Conduct of Financial Remedy Hearings allocated to a High Court Judge whether sitting at the Royal Courts of Justice or elsewhere).

The text of the 1 February 2016 revision has been incorporated into the Guidance module.

In addition to the restraints already imposed by para 15 of last year's edition, skeleton arguments will from 1 February 2016 have to 'be concise and not exceed

i. for the first appointment, or any other interim hearing, 10 pages (including any attached schedules);
ii. for the FDR, 15 pages (excluding agreed documents but including any other appended schedules);
iii. for the final hearing, 20 pages (excluding agreed documents under para 13 above, but including any other appended schedules).'

Moreover, para 16 will provide:

'If a skeleton argument for the final hearing is intended to exceed the limit of 20 pages a direction to that effect should be sought at the Pre-Trial Review. Very good reasons would have to be shown for such a direction to be made. A skeleton argument which breaches the limit will be returned unread for abridgement.'

The watchword is that compression is a virtue, and that a paragraph risks running over the top where a sentence would suffice. Justice is not blind, so that a nod should do – but deaf to your pleadings once your allotted span of pages (on A4 paper in not less than 12 point font and 1.5 line spacing) is exceeded!

Costs penalties may ensue: see para 18.

26/01/2016

site by Zehuti