Family Law

Mrs Owens: a divorce in 2017

The concept of “no fault divorce” has gained traction in recent years, but the recent case of Owens v Owens and the image it conjures up of a wife trapped in a loveless marriage has concentrated people’s minds on the issue. As the case heads towards a further appeal hearing in the Supreme Court, David Burrows comments on the prospects for reforming a law to meet its legislators’ true intentions nearly half a …

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Family Law No Island: Legal professional privilege and family law

Continuing his series discussing the impact on family law and practice of legal developments in other areas, David Burrows considers the effect of legal professional privilege in the context of advice given by lawyers to those engaged in family law disputes and the circumstances in which the right to confidentiality of such advice may be lifted.

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Family Law No Island: Partial disclosure of material in family proceedings

Points of Law

Continuing his series discussing the impact on family law and practice of legal developments in other areas, David Burrows considers the grounds on which one party in proceedings may restrict the disclosure to one or more other parties of documents and other materials before the court, and the scope and procedure for doing so.

Disclosure and a fair trial

Disclosure of all material – documents and information – on which the court is to decide a case is …

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Book review: Evidence in Family Proceedings by David Burrows

In a series of posts on this blog, author David Burrows has been examining the impact on family law and practice of reported cases arising in other areas of law. Now Iain Large reviews his recently published book, Evidence in Family Proceedings, and welcomes a valuable new entry into a busy marketplace.

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The legacy of LASPO

It is four years since the Legal Aid, Sentencing and Punishment of Offenders Act 2012 came into effect, on April Fool’s day 2013. The Act itself was passed five years ago. Its effects, as we predicted at the time, have been seismic.

Image: The Manifesto …

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Family law no island: Statutory charge or Pyrrhic damages

Points of Law

Continuing his series discussing the impact on family law and practice of legal developments in other areas, David Burrows considers the origins of the legal aid statutory charge in an old common law remedy developed in cases by reference to which the statutory provisions should still be construed.

Human Rights Act 1998 damages and legal aid

It is often said the old jokes are the best. So it is of case law; but only occasionally of wine. Of the legal aid statutory …

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“Setting a precedent” – what does it actually mean? (Transparency Project)

In this guest post from the Transparency Project, barrister Lucy Reed explains the doctrine of precedent and how it works in practice, correcting a mistake made by more than one newspaper recently in reporting the financial dispute arising out of a divorce.

 

On 27 February 2017 The Telegraph reported on an ongoing appeal in the Court of Appeal by a wealthy wife (Mrs Sharp) in respect of the financial order made following her divorce. Continue Reading

Guilty until proven innocent? — Lecture by Professor Jo Delahunty QC

Giving the second of a series of lectures at Gresham College on the difference between crime and family law proceedings, Jo Delahunty QC spoke about the use of expert medical evidence in cases concerning the death or serious injury of a child. She explored, by way of example, one of her own most challenging cases, that of baby Jayden Wray, in which severe rickets and vitamin D deficiency could have accounted for what at first seemed a case of gross …

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Family law no island (5): Precedent — a search for certainty in law

Points of Law

David Burrows continues his series discussing the impact on family law and practice of legal developments in other areas, with the first of two articles on the common law doctrine of precedent.

1. Precedent: a search for certainty in law Certainty and the law

In his Sir David Williams lecture The Rule of Law 2016 (PDF) Lord Bingham nominated as his first ‘sub rule’ for his definition of rule of law, that the law must be clear and accessible:

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Family law no island (4): A metwand for family proceedings — common law and vulnerable witnesses

Points of Law

Continuing his series discussing the impact on family law and practice of legal developments in other areas, David Burrows questions Sir James Munby’s recent announcement that primary legislation is required to remedy the situation in which the victim of alleged abuse can face cross-examination by their alleged abuser in the family courts in a manner not permitted in the criminal courts. He suggests there is already a solution available under existing case law and statute.

Evidence of …

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