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12 January 2018 / David Burrows
Issue: 7776 / Categories: Opinion , Procedure & practice , Family , In Court
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President as judge & law reformer

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David Burrows reviews Sir James Munby’s tenure as president & his impact on family law

I yield to no-one in my admiration for Sir James Munby P as a lawyer. The litany of his case law developments is brilliant. However, while the President, who is due to step down later in the year, is responsible for procedural reform, he is not—or should not be—a law reformer. Judicial duties sit uneasily with law reform. Judges reform the law incrementally (as Lord Bingham explains in Rule of law (2010)) by deciding cases which come before them.

Sir James’s assertion that family lawyers have seen the ‘largest reform of the family justice system’ on his watch does not, I am afraid, hold up (see ‘Family law: plus ca change?’). Those of us who witnessed the introduction of Children Act 1989 and its accompanying family proceedings rules; the ‘pilot scheme’ for ancillary relief; and the drip-drip feed of Civil Procedure Rules 1998 principles (especially of case management) into family law saw a

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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
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