Commentary

David Burrows reviews legal developments relating to open justice in the context of family law over the last year.… Continue reading about Open justice: family law development in 2019

His Honour Nicholas Chambers QC explains the purpose of a recent talk given at Brick Court Chambers on the future of judge-led conciliation. … Continue reading about Settlement – is the future with the judges?

David Burrows discusses public hearings and private advice in the context of the cases that define and explain the law in these areas.… Continue reading about In praise of the common law: sources of law and open justice

When retired judge Peter Murphy invited Baroness Hale of Richmond to write the foreword to his latest collection of comic stories about a fictitious judge, he can have little thought that one of the fictional cases she would be introducing might have striking parallels with a real one coming before the Supreme Court.… Continue reading about Blowing the whistle for justice: could a fictitious judge have inspired a supreme new precedent?

David Burrows explores the relationship between common law and court rules and practice directions, in seeking to challenge the routine privacy of family court hearings. … Continue reading about A voyage round Mr Boddington

Following a recent case, Louise Hopson, assistant editor of the Business Law Reports, points out the risks faced by SIPP providers who fail to ensure the suitability of investments, even when acting for clients on an execution-only basis.… Continue reading about SIPP firms and the duty to investigate customers’ investments

For all practical purposes, the free legal database run by the British and Irish Legal Information Institute (BAILII) is an official source of judgments from senior courts that any member of the public or any journalist can use. But while anyone can read individual judgments and quote bits of them elsewhere, what are the rules about downloading and re-using the content in bulk? Is it public open data or are there restrictions on its re-use? There seems to be some confusion about this, which this article (reposted from the Transparency Project blog) aims to unpick.… Continue reading about BAILII and the re-use of judgments as public legal information

Louise Hopson, assistant editor of the Business Law Reports, highlights a recent Court of Appeal judgment warning practitioners against superfluous citation of unreported cases.… Continue reading about The Practice Direction revisited: avoiding the “kitchen-sink” approach to citation of authorities

David Burrows explains the current state of the common law on release of court material after a family case hearing… Continue reading about Scott v Scott and release of court material

David Burrows considers what a recent Supreme Court decision says for open justice and common law proceedings generally, and family proceedings in particular. … Continue reading about Release of court documents to people who are not parties to the proceedings