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Disruptive Judgments

Research output: Contribution to journalArticle

Original languageEnglish
Pages (from-to)401-422
Number of pages22
JournalChild and Family Law Quarterly
Volume29
Issue number4
DateAccepted/In press - 21 Sep 2017
DatePublished (current) - 10 Dec 2017

Abstract

Disruptive judgments are exercises of judicial power intended to impact on practice. This paper discusses the concept of the disruptive case, the practice of making disruptive judgments and the processes though which judgments are made disruptive. It uses the Court of Appeal’s decision in Re B-S as a case study showing how it has disrupted care proceedings and adoption practice. These disruptive effects of Re B-S are illustrated through an examination of case law, reviews, articles, published statistics and research findings. It It also considers how difficult it has been to restore clarity subsequently. It concludes by discussing how to prevent judgments from being disruptive: improving knowledge of the operation and effects of the family justice system through data; the need for interdisciplinary collaboration in developing guidance for practice beyond the court room; and the importance for the rule of law of judicial restraint in promulgating guidance.

    Research areas

  • Care proceedings , adoption, guidance, judges, rule of law

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  • Disruptive judgments accepted with figures

    Rights statement: This is the author accepted manuscript (AAM). The final published version (version of record) is available via Jordan Publishing. Please refer to any applicable terms of use of the publisher.

    Accepted author manuscript, 597 KB, PDF document

    Licence: CC BY-NC

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