Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
Even reported judgments are a mixture of ratio decidendi and obiter dicta. So while the publication of all judgments might be a boost for open justice, what effect, asks David Burrows, might archiving all the court’s judgments have on the administration of justice? … Continue reading
Who are the law-makers? David Burrows considers who really makes our laws and questions the accuracy of the description as applied to politicians merely by virtue of their participation in the legislative process. … Continue reading
In this guest post Dr Brian Barry looks at some of the factors and processes that influence judicial decision-making, and explains how he came to write his recent book, How Judges Judge… Continue reading
David Burrows considers the approach of the Upper Tribunal to the question of access to court documents in the context of an information rights appeal as compared with the approach of the civil and family courts… Continue reading
In this guest post The Secret Magistrate author discusses questions of recruitment and training in the context of budget cuts and mounting pressure on the magistracy… Continue reading
In this guest post The Secret Magistrate author discusses the effect of budget cuts, court closures and court modernisation on volunteers dedicated to the idea of local justice… Continue reading
David Burrows considers the Cold War legacy of a marriage conducted in a foreign embassy under Soviet occupation, with echoes of the spy fiction of the late John le Carre. … Continue reading
David Burrows considers the family court’s power to vary or set aside its own orders. … Continue reading
Following an earlier consultation, there has been a comprehensive rewriting of the rules of court dealing with the procedure to be adopted in relation to contempt of court. We summarise the key changes. … Continue reading
David Burrows considers the life cycle and status of the humble practice direction. … Continue reading