David Burrows

David Burrows Solicitor Advocate

David Burrows is a solicitor advocate, trainer and writer; a founder contributor to Family Court Practice; consultant with Heaney Watson, solicitors; the author of Evidence in Family Proceedings (Family Law, 2016). He is a New Law Journal columnist and regular contributor to Family Law and other publications.

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Family Law

Evidence in Family Proceedings

This specialist title defines the general rules of evidence as they apply to family matters,...

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Family Law

Practice of Family Law, The

Evidence and Procedure

Expert commentary on key aspects which arise in the family courts

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Available in Family Law Online
Child Maintenance: The New Law

Family Law

Child Maintenance: The New Law

(New Law Series)

Provides advice on the Child Maintenance and Other Payments Act

Articles by Author

Re X: withdrawal of care order application 07 NOV 2016

Re X: withdrawal of care order application

Permission to appeal out of time against a care order Re X (A Child) (No 3) [2016] EWHC 2755...

 Closed material procedures in children proceedings 17 OCT 2016

Closed material procedures in children proceedings

Closed material procedures and family proceedings In X, Y and Z (Disclosure to the Security...

Disclosure and confidentiality: a tale of two cases 10 OCT 2016

Disclosure and confidentiality: a tale of two cases

Release of documents to non-parties In the cross-currents of the common law principles of...

A child's opportunity to be heard after Re D 26 JUL 2016

A child's opportunity to be heard after Re D

Child's opportunity to be heard: a fundamental principle In Re D (A Child) (International...

Disclosure and a protocol: co-operation and care proceedings 31 MAY 2016

Disclosure and a protocol: co-operation and care proceedings

Police evidence and care proceedings The story of the (authorised) police bug in the home of...

LASPO 2012: residence test outside the powers of Lord Chancellor 20 APR 2016

LASPO 2012: residence test outside the powers of Lord Chancellor

The Supreme Court – a seven-justice court consisting of Lord Neuberger, Lady Hale, Lord Mance,...

Panama papers: advice privilege and Sharland set aside 08 APR 2016

Panama papers: advice privilege and Sharland set aside

Advice privilege and the Panama papers The subject of legal profession privilege (LPP) is in...

Mediation: construction of terms of an agreement or consent order 06 APR 2016

Mediation: construction of terms of an agreement or consent order

A 'not particularly well drafted' consent order The recent case of Besharova v...

Publicity and Poppi Worthington 10 MAR 2016

Publicity and Poppi Worthington

Rehearing of fact-finding hearing Re W (Children) [2016] EWCA Civ 113 is an appeal against...

Disallowed costs and case management 09 MAR 2016

Disallowed costs and case management

‘Negligent’ child care lawyers The case of Re L (Case Management: Wasted Costs) [2016] EWFC B8...

Time-limit on application for domestic violence legal aid invalid 19 FEB 2016

Time-limit on application for domestic violence legal aid invalid

Legal aid appeal allowed The question for the Court of Appeal in R (Rights of Women) v Lord...

Evidence of child witness 18 FEB 2016

Evidence of child witness

Challenging the evidence of an unwilling child witness The appeal in Re S (Children) [2016]...

Legal aid: narrowing of residence test is lawful, says Court of Appeal 01 DEC 2015

Legal aid: narrowing of residence test is lawful, says Court of Appeal

In Public Law Project v The Lord Chancellor [2015] EWCA Civ 1193 the Court of Appeal have...

Setting aside a family breakdown finance order 19 OCT 2015

Setting aside a family breakdown finance order

Sharland, Gohil - Lord Neuberger sums it up on non-disclosure Supreme Court judgments were...

Vulnerable individuals and children in family proceedings 13 OCT 2015

Vulnerable individuals and children in family proceedings

Response to consultation Nominally at least, the consultation period is closed for Family...

Open Justice Principle 30 SEP 2015

Open Justice Principle

Questions for the family courts What have the following got to do with the open justice...

A day in the life of ... David Burrows (Solicitor Advocate) 21 AUG 2015

A day in the life of ... David Burrows (Solicitor Advocate)

What is your position and what you do on a day-to-day basis? I am a jurist and solicitor...

Care proceedings bundles: a duty to pay? 21 AUG 2015

Care proceedings bundles: a duty to pay?

Payment of expenses in civil litigation services (legal aid) cases The issue of who should pay...

Draft rules for vulnerable persons in family proceedings 07 AUG 2015

Draft rules for vulnerable persons in family proceedings

Consultation of draft amendment rules Family Procedure (Amendment No X) Rules 2015 are out...

Exceptional Case Funding: Lord Chancellor must still do better 17 JUL 2015

Exceptional Case Funding: Lord Chancellor must still do better

Review of ECF Guidance and response to Justice Committee report IS v The Director of Legal...

Lifetime reporting restriction for survivor of child sex exploitation 09 JUL 2015

Lifetime reporting restriction for survivor of child sex exploitation

Reporting restrictions and child sex exploitation The two judgments of Keehan J in child...

Lord Chancellor’s Guidance on Exceptional Case Funding 15 JUN 2015

Lord Chancellor’s Guidance on Exceptional Case Funding

Guidance after Gudanaviciene In...

Another look at Imerman documents 04 JUN 2015

Another look at Imerman documents

Court of Appeal look again at unlawfully obtained documents In Arbili v Arbili [2015] EWCA...

Human Rights, European Convention: Diminishing the body of family law 27 MAY 2015

Human Rights, European Convention: Diminishing the body of family law

Convention law: a safety net The sabre-rattling of the previous Conservative government has...

Set aside and appeals: a ‘procedural quagmire’ 06 MAY 2015

Set aside and appeals: a ‘procedural quagmire’

Family proceedings: material changes of circumstances Procedural law in the family courts is in...

Where does without prejudice immunity begin? Part 2: mediation and case management (£) 01 APR 2015

Where does without prejudice immunity begin? Part 2: mediation and case management (£)

The previous article in this two-part series looked at when without prejudice rule immunity...

Of vulnerable witnesses and children 24 MAR 2015

Of vulnerable witnesses and children

Hearing from children and evidence of vulnerable witnesses: working group Last summer’s...

Where does without prejudice immunity begin? Part 1: production/disclosure (£) 24 MAR 2015

Where does without prejudice immunity begin? Part 1: production/disclosure (£)

This article, the first of two, asks the question: when, in family proceedings, does the without...

Unreasonable refusal to engage in mediation 04 MAR 2015

Unreasonable refusal to engage in mediation

Can a successful party’s costs entitlement be reduced by failure to engage in ADR The...

Online dispute resolution: a future in family law? 18 FEB 2015

Online dispute resolution: a future in family law?

Online Dispute Resolution in low value claims Over last week-end (15/16 February 2015) the...

Case management of children proceedings 04 FEB 2015

Case management of children proceedings

Judicial caution on final case management hearing orders As Oscar Wilde famously did not...

Domestic violence: restrictions on grant of legal aid 26 JAN 2015

Domestic violence: restrictions on grant of legal aid

Limitations on grant of domestic violence legal aid: intra vires the Act The...

Something to be done: after J v J 19 JAN 2015

Something to be done: after J v J

Excessive cost of ancillary relief litigation In J v J [2014] EWHC 3654 (Fam) Mostyn J took...

Family Court funding: 2015 09 JAN 2015

Family Court funding: 2015

Sources of state funding in the family courts Two cases have been published already this...

Gudanaviciene: legal aid guidance not compatible with a right to a fair trial 17 DEC 2014

Gudanaviciene: legal aid guidance not compatible with a right to a fair trial

See also David Burrows' article, Lord Chancellor’s Guidance on Exceptional Case Funding,...

State funding for family proceedings: Part 3: Sources of family proceedings funding (£) 17 DEC 2014

State funding for family proceedings: Part 3: Sources of family proceedings funding (£)

This article concludes a three-part series on funding of family proceedings in the aftermath of...

State funding for family proceedings: Part 2: Exceptional case determination (£) 06 NOV 2014

State funding for family proceedings: Part 2: Exceptional case determination (£)

Grants of legal aid for civil proceedings (‘civil legal services’) have been radically...

Fairness and a public body’s duty to consult 04 NOV 2014

Fairness and a public body’s duty to consult

Consultation: a first outing in Supreme Court The extent to which a public body has a...

Child sex abuse inquiry 24 OCT 2014

Child sex abuse inquiry

An inquiry into child sexual abuse An increasing crescendo of public concern over...

Precedent and citation of authority in family proceedings 26 SEP 2014

Precedent and citation of authority in family proceedings

Limits on citation of cases Rules about citation of authorities in civil...

State funding for family proceedings after Q v Q (Private Law: Public Funding): Part 1 (£) 26 SEP 2014

State funding for family proceedings after Q v Q (Private Law: Public Funding): Part 1 (£)

In Q v Q; Re B; Re C (Private Law: Public Funding) [2014] EWFC 31, [2014] 2 FLR (forthcoming and...

Wardship and the right to publish 12 SEP 2014

Wardship and the right to publish

Publicity and a ward of court The right to publish details of family proceedings and...

State funding family cases after Q v Q; Re B; Re C [2014] EWFC 31 11 AUG 2014

State funding family cases after Q v Q; Re B; Re C [2014] EWFC 31

Funding family proceedings In Q v Q; Re B; Re C [2014] EWFC 31, [2014] 2 FLR...

Reporting restrictions in financial remedy proceedings: a review after case management in Cooper-Hohn v Hohn 06 AUG 2014

Reporting restrictions in financial remedy proceedings: a review after case management in Cooper-Hohn v Hohn

The careful judgement of Roberts J in  Cooper-Hohn v Hohn [2014] EWHC 2314 (Fam) prompts...

Administrative law and the family courts 30 JUL 2014

Administrative law and the family courts

Public bodies and applications in the family court The case of Re X (A Child) [2014] EWHC 2522...

Evidence, Practice and Procedure: Children proceedings – evidence from ‘protected’ witnesses 23 JUL 2014

Evidence, Practice and Procedure: Children proceedings – evidence from ‘protected’ witnesses

The status of the evidence of children and of vulnerable witnesses has twice been before the...

Evidence, Practice and Procedure: The view from the President’s window; run up to the family court 14 FEB 2014

Evidence, Practice and Procedure: The view from the President’s window; run up to the family court

Family proceedings: 'the beginning of the future' The most recent ‘View from the...

Evidence, Practice and Procedure: President's Guidance on Publication of Judgments 30 JAN 2014

Evidence, Practice and Procedure: President's Guidance on Publication of Judgments

From 3 February 2104 the Guidance of Sir James Munby P, Transparency in the Family Courts:...

Evidence, Practice and Procedure: Issue Estoppel – Cost of a Preliminary Issue Application 06 JAN 2014

Evidence, Practice and Procedure: Issue Estoppel – Cost of a Preliminary Issue Application

In P & O Nedlloyd BV v Arab Metals Co & Anor [2006] EWCA Civ 1717, [2007] 1 WLR...

Evidence, Practice and Procedure: The Legal Aid Agency and Denial of the Right to a Fair Trial 03 JAN 2014

Evidence, Practice and Procedure: The Legal Aid Agency and Denial of the Right to a Fair Trial

The case of Gitana Kineriene ('GK': Kinderis v Kineriene [2013] EWHC 4139 (Fam)) and her...

Evidence, Practice and Procedure: Relief from Sanctions after Mitchell and Durrant 19 DEC 2013

Evidence, Practice and Procedure: Relief from Sanctions after Mitchell and Durrant

The issue of relief from sanctions goes wider than that of costs budgeting (Mitchell MP v...

Evidence, Practice and Procedure: Financial Agreements: a ‘Concluded Agreement’ Test? 02 DEC 2013

Evidence, Practice and Procedure: Financial Agreements: a ‘Concluded Agreement’ Test?

Autonomy after Radmacher  In Radmacher (formerly Granatino) v Granatino (Rev 4) [2010]...

Evidence, Practice and Procedure: Appeal against Refusal of a Consent Order 02 DEC 2013

Evidence, Practice and Procedure: Appeal against Refusal of a Consent Order

Can a consent order applicant (or indeed one or both parties) appeal against a district...

Evidence, Practice and Procedure: Thoughts on Case Management and Control of Evidence after Young and on the Threshold of the New Family Court 25 NOV 2013

Evidence, Practice and Procedure: Thoughts on Case Management and Control of Evidence after Young and on the Threshold of the New Family Court

Young v Young [2013] EWHC 3637 (Fam), [2014] 2 FLR (forthcoming) Moor J is well known for the...

Evidence, Practice and Procedure: Funding Family Proceedings – The Solicitor’s Charge and Sears Tooth 18 OCT 2013

Evidence, Practice and Procedure: Funding Family Proceedings – The Solicitor’s Charge and Sears Tooth

The purpose of this note is to ask whether, in the light of the solicitors' statutory charge...

Evidence, Practice and Procedure: Contact, European Convention 1950, Art 8 and assessment of parents’ evidence 27 SEP 2013

Evidence, Practice and Procedure: Contact, European Convention 1950, Art 8 and assessment of parents’ evidence

In two very different contact disputes the Court of Appeal has recently looked at parents'...

Evidence, Practice and Procedure – Costs, a ‘clean sheet’, and a starting-point for costs orders 12 SEP 2013

Evidence, Practice and Procedure – Costs, a ‘clean sheet’, and a starting-point for costs orders

In Solomon v Solomon [2013] EWCA Civ 1095 Ryder LJ gives a welcome reminder of the Gojkovic...

Evidence, Practice and Procedure: Clarity in committal orders – legal aid for defence of committal 02 SEP 2013

Evidence, Practice and Procedure: Clarity in committal orders – legal aid for defence of committal

In October 2012 Hedley J found that Mrs Jones had retained her four children in breach of the...

Evidence, Practice and Procedure: Judicial review, declarations and the accommodated child 29 AUG 2013

Evidence, Practice and Procedure: Judicial review, declarations and the accommodated child

The inability of the courts to provide a unified system of family justice is highlighted by...

EVIDENCE, PRACTICE AND PROCEDURE: Stare decisis does not apply where statute overrides 03 MAY 2013

EVIDENCE, PRACTICE AND PROCEDURE: Stare decisis does not apply where statute overrides

The cases of Re JG (a child by her guardian) v Legal Services Commission and ors (incl Law...

Evidence, Practice and Procedure: Three points from the funding jungle 19 APR 2013

Evidence, Practice and Procedure: Three points from the funding jungle

What follows is not said to bolster any lawyer's union or to bleat about hard times: it is...

Evidence, Practice and Procedure: Working together - hearing and safe-guarding children 04 APR 2013

Evidence, Practice and Procedure: Working together - hearing and safe-guarding children

Working Together - now Working Together to Safeguard Children - has a long history, both...

Evidence, Practice and Procedure: Stare decisis does not apply where statute overrides 14 JAN 2013

Evidence, Practice and Procedure: Stare decisis does not apply where statute overrides

Two recent decisions of the Court of Appeal has allowed family law cases on grounds that...

Evidence, practice and procedure: Inquisitorial (non-adversarial) v Adversarial 09 JAN 2013

Evidence, practice and procedure: Inquisitorial (non-adversarial) v Adversarial

Spare a thought for the front-line circuit or district judge who is told, often enough, by...

Evidence, practice and procedure: Timetabling - a new case management priority 03 JAN 2013

Evidence, practice and procedure: Timetabling - a new case management priority

Family Procedure (Amendment) (No 5) Rules 2010 come into operation on 31 January 2013. Their...

Evidence, practice and procedure: Without notice applications and wasted costs 18 DEC 2012

Evidence, practice and procedure: Without notice applications and wasted costs

In B v A [2012] EWHC 3127 Charles J sets out his position uncompromisingly on without notice...

Evidence, practice and procedure: X’s appeal rejected - disclosure still stands 13 DEC 2012

Evidence, practice and procedure: X’s appeal rejected - disclosure still stands

In Re A (A Child) [2012] UKSC 60, [2013] 1 FLR (forthcoming) (heard as Re J (A Child:...