header-logo header-logo

08 October 2021 / David Burrows
Issue: 7951 / Categories: Features , Family , Divorce
printer mail-detail

Reflections on the Burrows amendment…

60014
David Burrows charts the highs & lows of the ‘Ancillary relief pilot scheme’ 25 years on
  • Looks at the main aspects of the financial relief procedural scheme and how it has fared since its introduction.
  • A well-run financial dispute resolution, overseen by an experienced district judge, can work. Massive amounts of much-needed court time, and the parties’ resources, could be saved.

‘We call it “the Burrows amendment”’, said the Lord Chancellor, Lord McKay, as we sat at a roundtable—him, six civil servants from the Lord Chancellor’s Department (now Ministry of Justice) and me. It was late November 1996. The ‘amendment’ was Civil Procedure Act 1997, Sch 1, para 7, which says the following:

‘Different provision for different cases etc.

7. The power to make Civil Procedure Rules includes power to make different provision for different cases or different areas, including different provision—

(a) for a specific court or specific division of a court, or

(b) for specific proceedings, or a specific jurisdiction,

specified in the rules.’

The Lord Chancellor

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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll