News, analysis, comment and updates from ICLR's case law and UK legislation platform

Criminal Law – 2015 Case Law Review

Introduction to the Review The purpose of this Review is to pull together the most significant criminal cases decided in 2015 into one place and to provide a short “snippet” on each that e ncapsulates the principle of law for which they stand as authority. There are many superior alternatives to this sort of “updater” Continue reading

Of Common Law, Statute and things…

English and Welsh law is made up of common law and statute law – what I shall call, together, primary law; and, of the two, statute law will always trump common law. Common law is made for the most part by judges of the High Court, Upper Tribunal, Court of Appeal and Supreme Court. Statute Continue reading

“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 an affront to the whole purpose of open justice and transparency, viz accountability and the disinfecting powers of sunlight, argues David Burrows in this guest post. Continue reading

ICLR Criminal Law Updater (January – March 2015)

Welcome to the ICLR Criminal Law Updater for January to March 2015. Here’s our round up of the reportable criminal cases decided in the High Court, the Court of Appeal (Criminal Division) and the UK Supreme Court over the last four weeks. Where a transcript is available on BAILII, a linked reference has been provided. Continue reading

Family legal aid and funding: January 2015

Guest post by David Burrows   Funding case law: ‘advantage’, applicants A fresh batch of legal aid and funding cases has appeared since mid-December last year; and of these the news is that the much publicised (by the President of the Family Division) parents in Re D (A Child) [2015] EWFC 2; [2015] CN 64,  Continue reading

BIALL conference 2014: The Curious Case of the Judgment Enhancers

The British and Irish Association of Law Librarians (BIALL) held their 45th annual conference in June 2014 at the Harrogate International Conference Centre. ICLR was at Stand No 10 to offer demonstrations, free trials and subscription sign-ups of ICLR Online to delegates. And among the speakers at the plenary sessions, Daniel Hoadley, ICLR’s Business Development Continue reading

The C-section case: final chapter

In an earlier post, The Curious Case of The Court, The Commentators, The Woman, and Her Baby, we considered the story, widely and hysterically covered in the media, and more rationally by legal bloggers, of a pregnant Italian woman who had visited the UK in the summer 2012 only to be “sectioned” under the Mental Continue reading