Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
A number of changes in marriage and divorce law seem poised to be made by proposed legislation. In three linked posts, we take a quick tour round some of the bills awaiting consideration by Parliament. In this second post, David Burrows looks at the law of marriage and how that might be reformed to accommodate changes in a diverse religio-secular society. … Continue reading about What next in family legislation? Part 2: Marriage
A number of changes in marriage and divorce law seem poised to be made by proposed legislation. In three linked posts, we take a quick tour round some of the bills awaiting consideration by Parliament. First, Paul Magrath discusses divorce reform. … Continue reading about What next in family legislation? Part 1: Divorce
David Burrows congratulates Nathalie Lieven QC on her appointment to the High Court bench in the Family Division, particularly in view of her background and experience in administrative law cases.… Continue reading about On the appointment of Lieven J to the Family Division
The European Court in Luxembourg enjoys a level of support and quality of facilities that domestic courts, with the possible exception of the UK Supreme Court, can only envy. Before issuing its multi-lingual judgments, the judges have the benefit, not only of a superb modern library, but also the intensively researched opinion of an Advocate General, the nature of whose role is perhaps not as well known as it could be. … Continue reading about A visit to the European Court of Justice in Luxembourg
Old cases are often the best; but, asks David Burrows, how much does the Legal Aid Agency (LAA) take notice of some of them? … Continue reading about How much does the Legal Aid Agency take account of the common law?
David Burrows considers the recent privacy claim by Cliff Richard against the BBC in the context of family law and the restrictions on the reporting of private hearings.… Continue reading about Privacy: Cliff Richard and family law
David Burrows explores issues of privilege arising from recent revelations about the conduct of the US President’s former lawyer… Continue reading about President Trump and Michael Cohen: advice privilege and the ‘iniquity exemption’
Disclosure: reliance of the family law on common law and civil proceedings rule “Disclosure” has had extensive press recently, mostly in relation to criminal proceedings. In the more narrow legal press, it is of concern to civil lawyers, especially in the burgeoning field of electronic disclosure and electronic access to documents and other material. Family… Continue reading about Disclosure and the family lawyer – Part 1
By David Burrows Clarification of a court judgment Re P (A Child) [2018] EWCA Civ 720 (11 April 2018) saw the Court of Appeal dealing with a very disturbed 16 year old “T” who, with her sister “X” had been adopted by a couple. In 2014 she had said she had been sexually abused… Continue reading about Family law: European Convention 1950 questions in care proceedings
In this guest post, Barbara Rich explains how the Daily Mail missed an opportunity to explain the essential rights of a cohabitant to ask the court to make reasonable provision for her under the Inheritance (Provision for Family and Dependants) Act 1975, rather than describing the case as a judge simply overturning the deceased’s wishes… Continue reading about Inheritance disputes and the media: making wishes come untrue
