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“To be heard in the dining hall…”: Scott 100 years on

“To be heard in the dining hall…”:   Scott 100 years on

The open justice principle identified in Scott v Scott [1913] AC 417 remains the default position for family proceedings. Any derogation or departure must be justified as an exception. The approach of the Family Procedure Rules (in FPR r 27.10), purporting to reverse the polarity of that presumption of open justice, ought to be regarded as ultra vires (ie not within the statutory powers of the rule makers: see Courts Act 2003 ss 75 and 76) — not to mention …

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