20 AUG 2012
Family Division judgments: what are they for? Part 1
Roger McCarthy QC:
An article in two parts by Roger McCarthy QC. The article includes case-law references and thought-provoking arguments. Part 1 starts with two quotes:
- "The danger of blinding the court with case law is that it has difficulty in seeing the wood of legal principle for the trees of paraphrase "
- "An excess of law inescapably weakens the law"
Part 1 covers the following topics:
- Preparation and use of complicated arguments.
- Too much information?
- The search for precedent.
- The exercise of discretion and how to describe it.
- Has publicity had an effect?
- The exercise of discretion and guidance about its exercise.
- So what is a precedent?
- Judicial assumptions.
- Does this apply to FD first instance judgments?
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