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Will not many family disputes where eg parties or civil partners are not married/civil partnered now be categorised as 'business and property'; or have I missed something?
I think it's up to the claimant/applicant to decide where to bring a case — though I think it's also possible to transfer a case to another division. But others may know better.
I fear not. Supreme Court Act 1981 Sch 1 sets out what family proceedings are assigned to the Family Division (and thus to the Family Court); and that emphatically does not family breakdown - as many cohabitation law lawyers well know - where a couple is not married. You may have parallel proceedings over children in the Family Court. It is such a shame the LCJ did not consider this; though - it being UK and a question of marriage or civil partnership - an eruptive change to substantive law would be needed..
So will the historic word "Chancery" still linger on in the Upper Tribunal Tax and Chancery Chamber?
We’ve come a long way since Jarndyce v Jarndyce!
It won’t open for me, strangely 🤷♂️🤷♂️
If you are referring to the video, please refresh the page and try again. The original video was taken down by the judicial office for technical reasons and immediately replaced. I then updated this web page.
The old Probate, Admiralty & Divorce division was pretty "historic and confusing", too!
"Wills, wives and wrecks", as you recall.
I do indeed. The late James Turner KC did wives; I do wrecks; sadly we never completed the set.
Does this mean that those now designated as QBD Commercial Court judges will no longer try crime on circuit?
I'll ask.
Will not many family disputes where eg parties or civil partners are not married/civil partnered now be categorised as 'business and property'; or have I missed something?
I think it's up to the claimant/applicant to decide where to bring a case — though I think it's also possible to transfer a case to another division. But others may know better.
Sorry: I said I feared not to the first two clauses of your reply. Cohabitation law is a major bone for contention amongst many family lawyers.
Fine; I shouldn't have speculated. I'll let others respond.
I fear not. Supreme Court Act 1981 Sch 1 sets out what family proceedings are assigned to the Family Division (and thus to the Family Court); and that emphatically does not family breakdown - as many cohabitation law lawyers well know - where a couple is not married. You may have parallel proceedings over children in the Family Court. It is such a shame the LCJ did not consider this; though - it being UK and a question of marriage or civil partnership - an eruptive change to substantive law would be needed..
Fine; I shouldn't have speculated. I'll let others respond.