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Precedent & practice

10 October 2014 / David Burrows
Issue: 7625 / Categories: Features , Family
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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
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MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
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