Rules should be ‘simple and simply expressed’, according to the Courts Act 2003—yet Mr Justice Mostyn recently urged rule-makers to look again at the ‘Byzantine’ rules governing the release of documents to children proceedings.
In this week’s NLJ, solicitor advocate and NLJ columnist David Burrows looks at the case, EBK v DLO, and the surrounding issues.
Burrows writes: ‘This subject takes an unsuspecting parent into a variety of confusing (including for Mostyn J) and confused crosscurrents of law and procedural rules. As this article concludes, the twists demanded by the rules may justify parties to a case like EBK in seeking a declaration that the rules as they now stand are barely lawful.’
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