David Burrows explains how parliamentary privilege was designed to stop the courts interfering with Parliament, not to allow parliamentarians to interfere with the work of the courts. He considers Lord Hain’s use of the privilege to trump a court injunction in the light of a recent speech on the matter by the Lord Chief Justice. … Continue reading
David Burrows considers the massive gulf in the approaches to human rights of two jurisdictions – the United States and the United Kingdom – that share a common law legacy. … Continue reading
David Burrows considers the status of judicially-issued practice guidance in the hierarchy of judge-made and statutory law, and questions its use as a shortcut for more formally generated procedural rules.
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David Burrows examines the recent decision of the President of the Family Division refusing to vary a ‘confidentiality’ injunction protecting the identity and current location of a notorious child killer. … Continue reading
In this guest post solicitor-advocate David Rosen records a recent County Court ruling that the appropriate court in which to consider an injunction application dealing with matrimonial property is the Family Court, and recounts his experience of dealing with a litigant in person appearing via videolink. … Continue reading
A number of changes in marriage and divorce law seem poised to be made by proposed legislation. In three linked posts, we take a quick tour round some of the bills awaiting consideration by Parliament. In this third post, Paul Magrath looks at possible extensions to the law on civil partnerships. … Continue reading
A number of changes in marriage and divorce law seem poised to be made by proposed legislation. In three linked posts, we take a quick tour round some of the bills awaiting consideration by Parliament. In this second post, David Burrows looks at the law of marriage and how that might be reformed to accommodate changes in a diverse religio-secular society. … Continue reading
A number of changes in marriage and divorce law seem poised to be made by proposed legislation. In three linked posts, we take a quick tour round some of the bills awaiting consideration by Parliament. First, Paul Magrath discusses divorce reform. … Continue reading
David Burrows congratulates Nathalie Lieven QC on her appointment to the High Court bench in the Family Division, particularly in view of her background and experience in administrative law cases.… Continue reading
The European Court in Luxembourg enjoys a level of support and quality of facilities that domestic courts, with the possible exception of the UK Supreme Court, can only envy. Before issuing its multi-lingual judgments, the judges have the benefit, not only of a superb modern library, but also the intensively researched opinion of an Advocate General, the nature of whose role is perhaps not as well known as it could be. … Continue reading