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Precedent and citation of authority in family proceedings
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Limits on citation of cases
Rules about citation of authorities in civil proceedings (including family proceedings) has not been updated since introduction of the new administrative tribunals system (Tribunals Courts and Enforcement Act 2007) and of the Family Court; and even before this development family courts and judges were perhaps not as crisp in observation of the rules of citation and precedent as they might be.
Practitioners must be aware that publishers routinely publish cases which are of no precedent value and which it is unlawful to cite; though a case may be of press or other value. This is no criticism of a publisher: often they receive the case from judges where it would be churlish not to publish.
AB v CB [2014] EWHC 2998 (Fam) (see below) illustrates the point. Permission to appeal was refused so that citation of the case...
Read the full article here.
