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Evidence, Practice and Procedure: Stare decisis does not apply where statute overrides

© Copyright LexisNexis 2024. All rights reserved.
Date:14 JAN 2013
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David Burrows
Solicitor Advocate

David Burrows - Practice of Family Law: Evidence and Procedure

David BurrowsTwo recent decisions of the Court of Appeal has allowed family law cases on grounds that stare decisis did not apply because decisions of the court were wrong; though in the second (Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395) permission to appeal against to the Supreme Court has been given.

In P v P [2012] EWHC 1733 (Fam) Moylan J ordered production in financial remedy proceedings of information to Mrs Gohil against the Crown Prosecution Service (under Family Procedure Rules 2010 r 21.2). The information had been provided to CPS under international provisions intended to assist criminal prosecution; but Moylan J considered himself bound by the Court of Appeal in in BOC Limited v Instrument Technology Limited [2002] QB 537 ('BOC'). The information was to assist Mrs Gohil in her application to have set aside an existing financial order. In Crown Prosecution Service &...

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