Commentary

Continuing our series considering recent civil practice and procedure cases in the context of family law… Continue reading about Power to stay civil proceedings for alternative dispute resolution

David Burrows considers recent civil practice and procedure cases in the context of family law… Continue reading about Pleading, precedent and procedure

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 about Understanding of the ‘intelligent and well-informed’ observer in open family courts

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 about The ECJ and the ECtHR: an updated idiot’s guide

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 about Judicial comity and the common law

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 about Testing the evidence: from Thorpe’s committal to Trump’s grand jury, how preliminary hearings assess a prosecution’s case

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 about Duty of material disclosure and without notice applications

Yet again a judgment in a contempt of court case has revealed problems around transparency and open justice, as Paul Magrath explains. … Continue reading about Contempt of court – yet more confusion and inconsistency over naming of guilty party

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 about No anonymity for contempt against family court

David Burrows expresses concern over recent judicial guidance which appears to be based on a mis-reading of earlier authority. … Continue reading about Orders and non-molestation orders – judicial guidance