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22 April 2014 / David Burrows
Categories: Features , Family
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A work in progress (3)

In his exclusive online series David Burrows continues to puts the new family court under scrutiny & assesses its ability to deliver justice

Nothing said here is affected by the coming into operation of the family court; though if law-making of dubious legality (as explained here) continues the new court risks being mired (a word used here deliberately) in increasing depths of uncertainty.

The hierarchy of law-making is: statute law, the common law (including the High Court’s inherent jurisdiction), and delegated legislation. The common law can only be overridden by express statutory provision. Statute law can delegate law-making powers to administrators (eg rule-makers), who are accountable to the courts in judicial review. Judges (as administrators) can work with the rule-makers; but they only provide guidance, outside their decision-making role (ie not in connection with a case), in the rare Bovale circumstances explained below. 

In family proceedings, recent quasi-judicial (or administrative) law-making has included:

  • The President’s Transparency in the Family Courts: Publication of Judgements: Practice Guidance of 16 January 2014 (in effect from 3 February 2014) (“the Guidance”).
  • Guidance issued by Mr Justice Mostyn on Imerman documents:
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Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL—Alec Cameron

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NEWS
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
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