Points of Law

Bad Faith Bunnies — A bitter/sweet Easter Tale

Weekly Notes, the ICLR roundup of recent legal news and commentary, is currently on holiday. We’ll resume publication in the next law term, which begins on Tuesday, 25th April. In the meantime, here’s an Easter-flavoured tale from the archives of the Business Law Reports (Bus LR).

It’s all about that most festive of confections, the chocolate bunny.

Bitter rivalry between Swiss-based Chocoladefabriken …

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Restricted and Redacted: Where now for human rights and digital information control?

Last November the Information Law and Policy Centre Annual Lecture and Workshop brought together a wide range of legal academics, lawyers, policy-makers and interested parties to discuss the future of human rights and digital information control. Paul Magrath from ICLR was there. The papers from the workshop have recently been published in a special edition of Communications Law, vol 22.1 (2017).

The following summary of …

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Is reporting EU case law now a waste of time?

Brexit will have a decisive effect in altering the relationship between the case law of the Court of Justice of the European Union (CJEU or ECJ) and that of England and Wales, but it would be a mistake to assume that European case law will shortly become irrelevant. Paul Magrath comments on the forthcoming Great Repeal Bill.

On 30 March 2017 the government …

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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

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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Human Rights in the World: Why the West is not necessarily the Best

At a panel presentation given at the Annual Meeting 2017 of the Association of American Law Schools in San Francisco this week, six law professors gave short talks on the topic of Human Rights Outside the West. Although each speaker approached the topic from a different perspective, there was a common theme: how well has the Western human rights paradigm travelled outside its home territories? Should we, indeed, regard it as essentially Western in nature and unitary in …

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Court of Protection – Paul Briggs case on withdrawal of life-prolonging treatment

This week the Court of Protection, sitting in Manchester, has been hearing a case about a policeman, Paul Briggs, whose wife, Lindsey Briggs has applied to the court for withdrawal of life-prolonging treatment (the feeding tube) that she no longer believes is in her husband’s best interests.

Mr Briggs suffered severe brain damage in a crash in July 2015 and is now in a minimally conscious state.  The “best case scenario” for his recovery …

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Is there institutional racism in the criminal justice system?

Points of Law

In this guest post, Penelope Gibbs of Transform Justice considers the emerging findings of the Lammy review.

 

The MacPherson report on Stephen Lawrence defined institutional racism as “the collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people.” 

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Family law no island (3): Criminal contempt, private lives and children proceedings

Points of Law

Continuing his series discussing the impact on family law and practice of reported cases arising in other areas of law, David Burrows considers contempt of court and limitations of the freedom to report on matters of public interest being litigated in court, particularly where they affect children.

 

Beyond ‘fair and temperate criticism’

A spectrum of contempt proceedings applies “criminal contempt” (as defined by Lord Diplock, see below) to protection of privacy of children and other protected parties. And contempt is …

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Old Case Law to Construe a New Rule

Points of Law

Set aside: a new rule for financial relief proceedings

By David Burrows

It cannot often be that you need a seventy-year old case to construe a brand new statutory provision; but the recent addition of rule 9.9A to the Family Procedure Rules 2010 (application to set aside a financial remedy order) makes such a demand: see Peek v Peek [1948] P 46 (pdf); [1947] 2 All ER 578 (PDA Div Ct: Lord Merriman P and Wallington J).

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