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

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

NLJ Career Profile: Maryam Syed KC, Church Court Chambers

From childhood dreams of the Bar to some of the country's most challenging cases, Maryam Syed KC explains why she has never stopped standing up for others

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft—Richard Breavington, Rachel Ford & Daniel Guilfoyle

DAC Beachcroft significantly expands Cyber team, hiring three Cyber partners

Browne Jacobson—Professor Clive Kay

Browne Jacobson—Professor Clive Kay

Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
back-to-top-scroll