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‘One of the Family Court's well-known responses to criticisms of ‘secret justice' is to make more first instance judgments publicly available. I have always been in favour of this approach although I regret that there is not rather clearer guidance to the legal profession about how first instance decisions – whatever the eminence or otherwise of the individual judge – are almost always of no legal importance and should not be formally reported or relied upon as precedent.’ (July 2015)
‘The Law Commission has announced the ‘scoping phase' of a review of the law of marriage, expected to be completed by the end of the year. The question being asked by the Commission is whether the law on marriage – that is to say, the legal framework by which people marry, not the effects of being married, not the effects of marriage after separation or divorce, and certainly not divorce law itself – is fair and coherent ... Without wanting to jump the gun, I think it's fair to say that our marriage law is somewhat bizarre. Some religions are privileged in having their own ceremonies recognised as marriages, while others are not.’ (June 2015)In August Family Law Rob gives the new Divorce Centres – and much else – his individual treatment. Don’t miss it.
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