Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

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?

To log on to Family Law Online or to request a free trial click here



Law, Practice and Precedents

This work provides commentary, checklists, procedural guides and precedents on the subject in a...

Female Genital Mutilation

Female Genital Mutilation

Law and Practice

Covers the law, practice and procedure in respect of FGM and also includes wider contextual...

Subscribe to our newsletters