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
