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What’s the Point of a Judgment? Examples, Authorities and the Panopticon
What is the point of a court judgment, and to whom is it actually directed? In the past, there were three main reasons for a judgment: the first two concern the parties and (depending on your views about transparency) could be dealt with privately; the third, when it arose, required publication of the judgment. Now there is a fourth reason: transparency.
- Blog
- Transparency
!02/05/2024 15:48
D(R) Day: Today’s Changes to FPR Parts 3 and 28
FPR Part 3 has historically been underused. This may change as important revisions to both FPR Part 3 and Part 28 come into effect, on 29 April 2024, when the material parts of the Family Procedure (Amendment No 2) Rules 2023 (SI 2023/1324) come into force.
- Blog
- Family Procedure Rules
- NCDR
!29/04/2024 07:00
Hadkinson Orders: the Need to Show Restraint
This article addresses ‘Hadkinson’ orders, in light of several recent cases handed down over a short period of time, highlighting the potential limitations as to their availability.
- Blog
- Hadkinson Orders
!17/04/2024 10:22
Conduct and Its Consequences: Goddard-Watts and TK v LK
In ‘Is It Time to Consign the “Gasp” Factor to the History Books?’, Olivia Piercy and Anita Mehta considered whether three decisions might herald a significant change in the courts’ approach to domestic abuse, including economic abuse and coercive and controlling behaviour, as ‘conduct’ that it would be ‘inequitable to disregard’. If there is a nascent consensus that it is time for a change in approach, that view may not be universally held.
- Blog
- Conduct
!15/04/2024 21:08
Multiplied Propagation
Between 30 September 2023 and 1 April 2024, 24 financial remedy judgments which were not mainly about the maintenance of children (and therefore not protected by s 12 of the Administration of Justice Act 1960) were placed on Bailii. None of these was governed by the Financial Remedy Pilot, but only one was published without anonymisation.
- Blog
- Transparency
!08/04/2024 10:51
Single and Joint: Peel J Discusses Expert Evidence in BR v BR [2024] EWFC 11
In BR v BR [2024] EWFC 11, Peel J took the opportunity, in his role as head of the FRC, to ‘do a written judgment as one or two points of principle arise’. Specifically: the use of single joint experts in financial remedy proceedings. This is an important decision informing family lawyers how cases should be conducted.
- Blog
- Single Joint Experts
- SJE
!03/04/2024 10:25
Quantifying Periodical Payments by Reference to the Needs Principle: Surveying the Wood Not the Trees
Tensions between competing propositions in financial remedy cases are not unusual. Is there also tension when determining the quantum of the applicant’s budget?
- Blog
- Periodical Payments
- Needs
!28/03/2024 11:43
AS v RS and Part III Applications
Legal and academic commentary since Potanina has focused on how the decision is likely to give rise to many more applications to set aside leave. What then, of the costs consequences for the unsuccessful applicant who now finds themselves either (i) being listed on notice on an inter-partes basis so the court can determine the question of leave having had the benefit of hearing from both parties, or (ii) having obtained leave ex parte, finds themselves having to defend the court’s decision to grant permission without hearing from the respondent when that respondent inevitably applies to set aside the grant of leave?
- Blog
- Part III
- Costs
!22/03/2024 16:13
Fabricated Judicial Decisions and ‘Hallucinations’ – a Salutary Tale on the Use of AI
The Information Commissioner’s Office defines Artificial Intelligence (AI) as ‘an umbrella term for a range of algorithm-based technologies that solve complex tasks by carrying out functions that previously required human thinking’. There can be no doubt that the use of AI within the legal market is growing rapidly.
- Blog
- AI
!21/03/2024 05:54
Rough Justice
Costs cases in family proceedings used to be few and far between, but a recent decision of Arbuthnot J in the case of KS v VS [2024] EWHC 278 (Fam) has caused something of a stir in the profession.
- Blog
- Summary Assessment
- Costs
!15/03/2024 11:35
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