David Burrows is a solicitor advocate, trainer and writer; a founder contributor to Family Court Practice; consultant with Heaney Watson, solicitors; the author of Evidence in Family Proceedings (Family Law, 2016). He is a New Law Journal columnist and regular contributor to Family Law and other publications.
David Burrows is a solicitor advocate, trainer and writer; a founder contributor to Family Court Practice; consultant with Heaney Watson, solicitors; the author of Evidence in Family Proceedings (Family Law, 2016). He is a New Law Journal columnist and regular contributor to Family Law and other publications.
The previous article in this two-part series looked at when without
prejudice rule immunity (WPRI) could be said to cover discussions between two
people; suggested that the point where WPRI applies...
Hearing from children
and evidence of vulnerable witnesses: working group
Last summer’s interim report from the ‘vulnerable witnesses
and children’ working group has now produced its Report...
This article, the first of two, asks the question: when, in family
proceedings, does the without prejudice rule (or ‘privilege’) apply? When does
the immunity from production of documents and...
Can a successful
party’s costs entitlement be reduced by failure to engage in ADR
The extent to which a party engages in ADR is as much an
issue in family proceedings as in any other proceedings;...
Online Dispute Resolution in low value claims
Over last week-end (15/16 February 2015) the Civil Justice
Council published its report on online dispute resolution (ODR): Online Dispute...
Judicial caution on
final case management hearing orders
As Oscar Wilde famously did not say: ‘To lose one appeal may
be regarded as a misfortune; to lose two looks like carelessness’. In...
Excessive cost of
ancillary relief litigation
In J v J [2014] EWHC 3654 (Fam) Mostyn J took the opportunity to berate lawyers for their
expenditure on proceedings for ancillary relief (as...
Sources of state
funding in the family courts
Two cases have been published already this New Year from
different parts of the meagre family courts state funding scene (for a review
of that scene...
See also David Burrows' article, Lord Chancellor’s Guidance on Exceptional Case Funding, published 15 June 2015.Exceptional case determination: Convention
breach
R (ota Gudanaviciene &...