Commentary
News, analysis, comment and updates from ICLR's case law and UK legislation platform
In the first 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 1, anonymity
David Burrows considers the risks and benefits of agreements relating to divorce or the dissolution of a civil partnership… Continue reading about Is this an appendix? Oh no it’s an agreement
In two related posts, David Burrows considers the legality of the new divorce rules … Continue reading about Divorce and civil partnership dissolution reform: how lawful? Part 2
In two related posts, David Burrows considers the legality of the new divorce rules … Continue reading about Divorce and civil partnership dissolution reform: how lawful? Part 1
David Burrows considers controlling or coercive behaviour in the context of family relationships, as defined in statute and given context in some recent cases. … Continue reading about Controlling and coercive behaviour
David Burrows reviews the President of the Family Division’s Transparency Review report… Continue reading about Family courts and open justice
Even reported judgments are a mixture of ratio decidendi and obiter dicta. So while the publication of all judgments might be a boost for open justice, what effect, asks David Burrows, might archiving all the court’s judgments have on the administration of justice? … Continue reading about Precedent and The National Archives
Who are the law-makers? David Burrows considers who really makes our laws and questions the accuracy of the description as applied to politicians merely by virtue of their participation in the legislative process. … Continue reading about Law, lawyers and law-makers
In this guest post Dr Brian Barry looks at some of the factors and processes that influence judicial decision-making, and explains how he came to write his recent book, How Judges Judge… Continue reading about How judges judge: the research and its consequences
David Burrows considers the approach of the Upper Tribunal to the question of access to court documents in the context of an information rights appeal as compared with the approach of the civil and family courts… Continue reading about Release of documents by or before the Upper Tribunal
