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?