Evidence, Practice and Procedure: Thoughts on Case Management and Control of Evidence after Young and on the Threshold of the New Family Court

Young v Young [2013] EWHC 3637 (Fam) [2014] 2 FLR (forthcoming) Moor J is well known for the sums of money involved (or not involved); the level of Mr Young's evasiveness and non-disclosure; and the extent to which the parties told the truth or grossly exaggerated their financial positions. The parties were criticised by the judge for the level of costs incurred.

 The courts powers in relation to case management and its control of lay and expert evidence must be analysed: were case management duties adequately observed by the courts and its powers used by the judges? Can the court's criticism of Mrs Young's costs be placed at its door rather than hers? Such questions test the English family justice system especially at the threshold of the new Family Court. Apart from the...

Read the full article here.