Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
David Burrows considers recent civil practice and procedure cases in the context of family law… Continue reading
David Burrows considers the position of non-parties such as journalists or lay observers in attending, making sense of, and reporting on family courts appeals.… Continue reading
In this guest post by Frank Cranmer, reposted from the Law & Religion UK blog, we are reminded of the key differences between the two separate but oft-confused pan-European legal regimes. … Continue reading
David Burrows on the conventional respect shown by judges towards each others’ decisions, even when not strictly bound by the rules of precedent, and how it applies in particular to the subject of anonymity in family cases. … Continue reading
Recalling his own experiences as a young lawyer, David Burrows looks at the different approaches on either side of the Atlantic to the preliminary hearings in criminal cases that test the strength of a prosecution and assess its fitness for trial. … Continue reading
David Burrows explains the duty to disclose relevant documents in the context of urgent ex parte applications and the importance of an old case involving the Princess de Polignac… Continue reading
Yet again a judgment in a contempt of court case has revealed problems around transparency and open justice, as Paul Magrath explains. … Continue reading
In a recent case, Mostyn J has provided useful clarification about the open justice provisions in procedural rules on contempt of court in family cases… Continue reading
David Burrows expresses concern over recent judicial guidance which appears to be based on a mis-reading of earlier authority. … Continue reading
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