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22 April 2014 / David Burrows
Categories: Features , Family
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A work in progress (3)

In his exclusive online series David Burrows continues to puts the new family court under scrutiny & assesses its ability to deliver justice

Nothing said here is affected by the coming into operation of the family court; though if law-making of dubious legality (as explained here) continues the new court risks being mired (a word used here deliberately) in increasing depths of uncertainty.

The hierarchy of law-making is: statute law, the common law (including the High Court’s inherent jurisdiction), and delegated legislation. The common law can only be overridden by express statutory provision. Statute law can delegate law-making powers to administrators (eg rule-makers), who are accountable to the courts in judicial review. Judges (as administrators) can work with the rule-makers; but they only provide guidance, outside their decision-making role (ie not in connection with a case), in the rare Bovale circumstances explained below. 

In family proceedings, recent quasi-judicial (or administrative) law-making has included:

  • The President’s Transparency in the Family Courts: Publication of Judgements: Practice Guidance of 16 January 2014 (in effect from 3 February 2014) (“the
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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