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Family Law

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Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

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?
  • Precedent.
  • 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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