Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
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… Continue reading
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… Continue reading
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… Continue reading
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… Continue reading
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… Continue reading
The way the cases have been presented in the Supreme Court this week in the appeals against R (Miller & Anor) v The Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) ; [2016] WLR(D) 564 has shown how much court cases can be opened up for the understanding of interested members of the public and… Continue reading
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… Continue reading
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… Continue reading
Continuing his series discussing the impact on family law and practice of reported cases arising in other areas of law, David Burrows considers some of the implications of the drive for greater transparency in the family courts. Common law: to make sense of the proceedings Transparency of family courts is a real concern for Sir James Munby P.… Continue reading
In a series of posts on this blog, David Burrows will be discussing the impact on family law and practice of reported cases arising in other areas of law. As he explains in this introduction to the series, family law is not an isolated, self-contained jurisdiction, but forms part of the general law, with which… Continue reading
