header-logo header-logo

Reflections on the Burrows amendment…

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll