Family Division judgments: what are they for? Part 2

14 September 2012

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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