Disclosure
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Cathcart v Owens [2021] EWFC 861 November 2021
https://www.bailii.org/ew/cases/EWFC/HCJ/2021/86.html
- Cases
- Disclosure
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LS v PS [2021] EWHC 3508 (Fam)18 January 2022
An application by an intervenor in financial remedy proceedings for disclosure of privileged material from a PFDR was refused. The intervenor, a litigation funder, is seeking to set aside a consent order reached at the PFDR on the basis it was deliberately structured to ensure W could not meet her debt. The court acknowledged that a number of competing policy considerations were engaged, in the process attaching importance to the status of litigation funders. Whilst this application was refused on the facts, Roberts J referred the “absolute bar” (as Munby P has interpreted paragraph 6.2 PD9A) on use of anything said or done at FDR in support of a separate action in civil proceedings to the Family Procedure Rules Committee. In further judicial support for private dispute resolution, Roberts J thought it artificial to draw a distinction between the privilege attaching under paragraph 6.2 PD9A to “in-court” and private FDRs.
- Cases
- Disclosure
- Litigation Funding
- Joinder of Third Parties
- Privilege
- FDRs
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Takhar v Gracefield Developments Limited & Ors [2019] UKSC 1320 March 2019
http://www.bailii.org/uk/cases/UKSC/2019/13.html
- Cases
- Disclosure
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Gohil v Gohil [2015] UKSC 6114 October 2015
http://www.bailii.org/uk/cases/UKSC/2015/61.html
- Cases
- Disclosure
- Setting Aside Orders (Including Barder Applications)