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19 April 2024 / David Burrows
Issue: 8067 / Categories: Features , In Court , Family , Procedure & practice
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Family law & the judicial line of influence

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David Burrows pays tribute to the enduring work of a legion of influential family judges
  • Covers seminal judgments by family court judges, including Lord Scarman, Lord Nicholls and Lady Hale.

What influence have individual judges had on the development and practice of family law over the past 30 or 40 years? Through those years the shadow—mostly benign—of the Children Act 1989 (CA 1989) has been long. So too has the Human Rights Act 1998 and all must be seen through the procedural prism of the Civil Procedure Rules 1998 (CPR 1998) and its pale imitation, the Family Procedure Rules 2010 (FPR 2010). But how has the common law progressed?

Development of the common law by presidents of the Family Division has been slight. It is hampered by the varied roles assigned to individual presidents. None have made a real mark on the law, even Munby P for all his administrative schemes and passion for ‘transparency’. The Constitutional Reform Act 2005 defined separation of powers principles for the Lord Chancellor. It did not extend to the administration

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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