Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
Louise Hopson, assistant editor of the Business Law Reports, highlights a recent Court of Appeal judgment warning practitioners against superfluous citation of unreported cases.… Continue reading about The Practice Direction revisited: avoiding the “kitchen-sink” approach to citation of authorities
David Burrows explains the current state of the common law on release of court material after a family case hearing… Continue reading about Scott v Scott and release of court material
David Burrows considers what a recent Supreme Court decision says for open justice and common law proceedings generally, and family proceedings in particular. … Continue reading about Release of court documents to people who are not parties to the proceedings
As we celebrate the 70th anniversary of the Legal Aid Act 1949, David Burrows looks at the origins and current state of public funding for legal advice and litigation… Continue reading about Legal aid: a seventieth birthday
Jurisdiction to make and enforce an order Two very different aspects of the reporting restrictions order (RRO) can be seen in case law over the past couple of weeks. In AB (Application for Reporting Restrictions: Inquest) [2019] EWHC 1668 (QB) (27 June 2019) the question of service of an application in civil proceedings and the… Continue reading about Reporting restrictions orders; and contempt of restriction orders
In a recent case the Court of Appeal has reminded practitioners of the need to cite The Law Reports in accordance with the relevant Practice Direction … Continue reading about Citation of authorities: ignore the practice direction at your peril!
Earlier this month the National Archives, who manage the official online publication of all UK legislation, announced the launch of two new services in connection with EU legislation and Brexit. … Continue reading about Brexit legislation resource: the National Archives
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 about Parliamentary privilege and the rule of law
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 about Lord Wilson and human rights
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.
… Continue reading about ‘Guidance’ as law
