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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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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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