header-logo header-logo

10 October 2014 / David Burrows
Issue: 7625 / Categories: Features , Family
printer mail-detail

Precedent & practice

burrows_0

David Burrows reviews the complexities & challenges of law making

Over the next few weeks family law reformers and users of the family courts can look forward to the fruit of at least three consultations proposed by Sir James Munby P and the Courts and Tribunals Judiciary Office. It is therefore appropriate to consider the role of law-making – substantive and delegated; common law and precedent; and practice rules – especially as it is applied in family proceedings. In particular advisers are entitled (or have a duty) to ask: has this rule or that practice direction been made lawfully? The main consultation subjects are:

  • Transparency – The Next Steps . A consultation paper issued by the President of the Family Division on 15 August 2014.
  • Vulnerable Witness Working Group: see Interim Report of the Children and Vulnerable Witnesses Working Group (31 July 2014).
  • Draft family orders—a compendium of which is available at www.judiciary.gov.uk/publications/high-court-family-orders.

In the background we have:

  • The Report of the Financial Remedies Working Group (31 July 2014).
  • Litigants in
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

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll