Archive
News, analysis, comment and updates from ICLR's case law and UK legislation platform
Thanks to a controversial amendment to the Prisons and Courts Bill 2017, judges in England and Wales may soon be using gavels just like their American counterparts. The amendment has been put forward by the cross party Legal Heritage Committee of the House of Lords. It is said to be supported by a 2015 academic… Continue reading
In this guest post from the Transparency Project, barrister Lucy Reed explains the doctrine of precedent and how it works in practice, correcting a mistake made by more than one newspaper recently in reporting the financial dispute arising out of a divorce. On 27 February 2017 The Telegraph reported on an ongoing appeal in the… Continue reading
Giving the second of a series of lectures at Gresham College on the difference between crime and family law proceedings, Jo Delahunty QC spoke about the use of expert medical evidence in cases concerning the death or serious injury of a child. She explored, by way of example, one of her own most challenging cases, that… Continue reading
Giving the first of three annual talks on the creation of the online court, Joshua Rozenberg painted an optimistic vision of a future in which civil litigation would become fast, efficient and affordable to all. Surveying the chequered history of courts modernisation over the last 30 years, he explained why it was hoped this particular… Continue reading
At a panel presentation given at the Annual Meeting 2017 of the Association of American Law Schools in San Francisco this week, six law professors gave short talks on the topic of Human Rights Outside the West. Although each speaker approached the topic from a different perspective, there was a common theme: how well has… Continue reading
We have been working behind the scenes to improve the stability and flexibility of the ICLR Online platform. This is being done in part to cope with massively increased demand, particularly in overseas jurisdictions, and also because we wished to replace our existing (now quite old) fixed servers with a more flexible cloud-based server system.… Continue reading
This week the Court of Protection, sitting in Manchester, has been hearing a case about a policeman, Paul Briggs, whose wife, Lindsey Briggs has applied to the court for withdrawal of life-prolonging treatment (the feeding tube) that she no longer believes is in her husband’s best interests. Mr Briggs suffered severe brain damage in a… Continue reading
With the creation of the online court, the principle of open justice must not be overlooked, said Lord Justice Fulford, giving the annual University of Sussex Draper Lecture 2016 at the Law Society on Tuesday, 8 November. Justice, he said, must not “disappear down an Alice-style rabbit-hole”. But it soon became clear to many in… Continue reading
Set aside: a new rule for financial relief proceedings By David Burrows It cannot often be that you need a seventy-year old case to construe a brand new statutory provision; but the recent addition of rule 9.9A to the Family Procedure Rules 2010 (application to set aside a financial remedy order) makes such a demand:… Continue reading
In this guest post, Gillian Palmer examines two recent decisions of the Supreme Court on the question of lies and exaggerations made by a party in the course of making claims for losses covered by insurance. Sweet Little Lies: Insurance Versloot Dredging v HDI Gerling [2016] UKSC 45; [2016] 3 WLR 543; [2016] WLR… Continue reading
