Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
David Burrows on the conventional respect shown by judges towards each others’ decisions, even when not strictly bound by the rules of precedent, and how it applies in particular to the subject of anonymity in family cases. … Continue reading
Recalling his own experiences as a young lawyer, David Burrows looks at the different approaches on either side of the Atlantic to the preliminary hearings in criminal cases that test the strength of a prosecution and assess its fitness for trial. … Continue reading
David Burrows explains the duty to disclose relevant documents in the context of urgent ex parte applications and the importance of an old case involving the Princess de Polignac… Continue reading
Yet again a judgment in a contempt of court case has revealed problems around transparency and open justice, as Paul Magrath explains. … Continue reading
In a recent case, Mostyn J has provided useful clarification about the open justice provisions in procedural rules on contempt of court in family cases… Continue reading
David Burrows expresses concern over recent judicial guidance which appears to be based on a mis-reading of earlier authority. … Continue reading
In the second of two linked posts David Burrows considers the litigant’s duty to disclose material information when making a without notice application, eg for a freezing order. … Continue reading
Typically a freezing order (injunction) will be made in family proceedings to prevent dissipation of marital assets. In the first of two linked posts David Burrows considers the applicability of the ‘per incuriam’ exception relied upon by the judge in what has become the standard case on such orders. … Continue reading
However adversarial family court proceedings may be, the parties have a duty not to conceal relevant information from each other or the court, as David Burrows explains… Continue reading
David Burrows explains the process of using contempt proceedings to help enforce or to punish the breach of a court order, and why it is more complicated than it need be… Continue reading