Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
In the second of two linked posts David Burrows considers the litigant’s duty to disclose material information when making a without notice application, eg for a freezing order. … Continue reading
Typically a freezing order (injunction) will be made in family proceedings to prevent dissipation of marital assets. In the first of two linked posts David Burrows considers the applicability of the ‘per incuriam’ exception relied upon by the judge in what has become the standard case on such orders. … Continue reading
However adversarial family court proceedings may be, the parties have a duty not to conceal relevant information from each other or the court, as David Burrows explains… Continue reading
David Burrows explains the process of using contempt proceedings to help enforce or to punish the breach of a court order, and why it is more complicated than it need be… Continue reading
In the second of two linked posts David Burrows compares the procedural approaches of different courts to allegations of coercive and controlling behaviour and other forms of domestic abuse… Continue reading
In this guest post Prof Rachael Mulheron QC (Hon) discusses the picturesque background to Wilkinson v Downton, a landmark case in the law of tort. (Reproduced with kind permission from a brochure published by the Department of Law, Queen Mary University of London with funding from the Society of Legal Scholars.)… Continue reading
In the first of two linked posts, David Burrows compares the procedural approaches of different courts to allegations of coercive and controlling behaviour and other forms of domestic abuse and the possible misuse of defamation proceedings to perpetuate such abuse.… Continue reading
In the last of three linked posts, David Burrows considers a recent drive towards open justice in financial remedy proceedings in the family courts, following a change of mind by one particular judge… Continue reading
In this guest post Daniel Cloake (aka mouseinthecourt) shows how amendments to the CPR are being used to curtail long established common law principles of open justice and transparency… Continue reading
In the second of three linked posts, David Burrows considers a recent drive towards open justice in financial remedy proceedings in the family courts, following a change of mind by one particular judge. … Continue reading
