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Evidence in Family Proceedings

By (author) David Burrows
Genres: Family law
Format: Paperback / softback
Publisher: LexisNexis UK, United Kingdom
Imprint: Jordan Publishing
Published: 1st Nov 2016
Dimensions: w 156mm h 246mm d 25mm
Weight: 771g
ISBN-10: 1784732559
ISBN-13: 9781784732554
Barcode No: 9781784732554
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Synopsis
The present mainstream books on evidence do not include coverage of certain features which are unique to family law - eg special law and procedure on hearsay and other rules of evidence (eg litigation privilege and expert evidence) in children proceedings; and the rules on disclosure in financial relief proceedings. At the same time, family lawyers do not always take account of the extent to which they depend on the common law and the rules of evidence which are defined by such mainstream texts. Accordingly, this specialist title defines the general rules of evidence as they apply to family matters, while the range of rules which apply specifically to family proceedings are also covered in detail.

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Jun 1st 2017, 13:13
AN ESSENTIAL ADVOCACY GUIDE FOR ALL INVOLVED IN FAMILY HEARINGS – ESPECIALLY LAWYERS NEW TO THIS JUR
Awesome - 10 out of 10
AN ESSENTIAL ADVOCACY GUIDE FOR ALL INVOLVED IN FAMILY HEARINGS – ESPECIALLY LAWYERS NEW TO THIS JURISDICTION

An appreciation by Elizabeth Taylor of Richmond Green Chambers and Phillip Taylor MBE of “The Barrister”


The author of “Evidence in Family Proceedings”, Solicitor Advocate David Burrows declares that “the present mainstream books on evidence do not include coverage of certain features which are unique to family law”. So his mission is to fill the gap and cover such important family law areas as the special law and procedure on hearsay which apply and other specialist family law rules of evidence.

Burrows has also included litigation privilege and expert evidence in children proceedings as well – subject areas which are seen by many to be highly specialised. There is a most important commentary on the complex rules of disclosure (formally discovery) in financial relief/remedy proceedings (formerly ancillary relief) which many advocates find difficult to fully appreciate. One can understand why when some areas of our activities have been renamed… generally for a good reason!

And, it’s rightly suggested here that family lawyers do not always fully consider the extent to which we have to place heavy reliance on the common law itself. It is to the rules of evidence which are so well defined in most of the leading authorities and, of course, the Red Book 2017 itself which is, by far, the most important practice book for us. What is most useful about Burrows’ book for lawyers, though, is that this book harmoniously blends in as a useful supplement to the rules set out formally in the Red Book which many find initially daunting so you have this easy expertise on hand from Burrows.

The title is fundamentally an important ‘hands on’ specialist title, very up to date for practice and advocacy tips, to consolidate “the general rules of evidence as they apply to family matters”, and Burrows covers the range of rules which apply specifically to family proceedings in a clear and concise manner to save us time in court.

Probably the most useful statement which one will read in the Preface is the motivation for this book. Burrows writes that the “powers of judges in family law are regulated extensively by statute. This includes their powers to deal with children (while inherent powers to deal with wardship dwindle correspondingly); to order that children be taken into care and adopted; and that marriages or civil partnerships be dissolved and property be distributed on dissolution”.

He concludes with these words “by contrast, many of the principles by which judges operate statutory powers are governed by rules which go beyond Family Procedure Rules 2010 and can only be found in the common law”. And it is for this reason alone that the book is a fundamental purchase for those new to family law advocacy.

The law is stated as at 1st September 2016 and the title is available as a book and as an ebook.