Commentary

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 about Freezing orders: duty of candour and without notice applications

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 about Freezing orders: Mr Justice Mostyn and the ‘per incuriam’ exception

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 about Duty of disclosure in family proceedings

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 about To prosecute a contempt application

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 about Domestic abuse: family, civil courts and criminal proceedings – Part 2

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 about Creating a slice of Legal History in the East End of London in the 19th Century

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 about Coercive behaviour: Family and Queen’s Bench Division proceedings – Part 1

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 about Open justice in family proceedings: Part 3, drawing some threads together

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 about Civil Procedure Rule Committee propose major curtilage of Open Justice

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 about Open justice and family proceedings: Part 2, stare decisis