Commentary

David Burrows concludes his trilogy of posts about disclosure (formerly discovery) by considering the procedural context for release of material from family proceedings to non-parties such as the police… Continue reading about “Disclosure”: release and publication of court material: Part 3

This post considers a recent case over which two judges appear to take differing views of the law on open justice, neither of which appears to David Burrows to be right. … Continue reading about A tale of two judges: ‘private’ hearings and permission for publicity

A recent selection of case law and commentary … Continue reading about Vacation update: new cases, new commentary

David Burrows continues his series explaining how discovery became disclosure and the different ways it has been understood and applied in different areas of law… Continue reading about “Disclosure”: use and abuse – Part 2

In the first of a series, David Burrows explains how discovery became disclosure and the different ways it has been understood and applied in different areas of law… Continue reading about “Disclosure”: use and abuse

ICLR reporter Shirani Herbert explains why an ecclesiastical court was asked to rule on a case about a sculpture of Oscar Wilde by Eduardo Paolozzi. … Continue reading about A Wilde idea to memorialise Paolozzi

David Burrows considers the courts’ power to order or encourage parties to attempt non-court dispute resolution or mediation. … Continue reading about Towards court ordered non-court dispute resolution

This was the question discussed last month, at a panel discussion held in the Institute of Advanced Legal Studies under the heading “Technology, Transparency and Criminal Justice”.… Continue reading about How open is justice?

In the third of a series considering recent civil practice and procedure cases in the context of family law, David Burrows focuses on the ratio decidendi and what is sufficient to found an appeal… Continue reading about Precedent and pleading, Part 3: spot the reasoning (ratio) for an appeal

David Burrows returns to the topic of precedent and the importance of consistency, at least by a judge with their own previous decisions. … Continue reading about A change of judicial mind