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Family Law

The leading authority on all aspects of family law

14 SEP 2012

Family Division judgments: what are they for? Part 2

Roger McCarthy QC:

An article in 2 parts. The article includes case law references and thought provoking arguments. Part 2 analyses and develops a number of important arguments for the present and future of family justice.

Part 2 covers the following topics:

  • Precedent and the rest.
  • Does a FD judge have to follow the decision of another FD judge ?
  • Does a Divisional Court have to follow a true precedent set by a single High Court judge?
  • Does a county court judge have to follow a true precedent set by a single High Court judge?
  • What is judicial comity?
  • Does judicial comity between FD judges need to be restricted?:
  • Should FD judges assume a role in supervising and directing circuit courts?:
  • Guidelines are the Court of Appeal's job.
  • Why not just apply the statute?
  • Ryder J and Modern Justice.
  • The use of FD factual findings.
  • Are judges not allowed to be human?

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