header-logo header-logo

19 April 2024 / David Burrows
Issue: 8067 / Categories: Features , In Court , Family , Procedure & practice
printer mail-detail

Family law & the judicial line of influence

168631
David Burrows pays tribute to the enduring work of a legion of influential family judges
  • Covers seminal judgments by family court judges, including Lord Scarman, Lord Nicholls and Lady Hale.

What influence have individual judges had on the development and practice of family law over the past 30 or 40 years? Through those years the shadow—mostly benign—of the Children Act 1989 (CA 1989) has been long. So too has the Human Rights Act 1998 and all must be seen through the procedural prism of the Civil Procedure Rules 1998 (CPR 1998) and its pale imitation, the Family Procedure Rules 2010 (FPR 2010). But how has the common law progressed?

Development of the common law by presidents of the Family Division has been slight. It is hampered by the varied roles assigned to individual presidents. None have made a real mark on the law, even Munby P for all his administrative schemes and passion for ‘transparency’. The Constitutional Reform Act 2005 defined separation of powers principles

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll