Precedent, or just a law report?

dbfamilylaw

20170722_161644Common law and law reports

The prompt for this article came from the fact that increasing numbers of judgements are being published by BAILII which can be published; but some of them cannot be cited in court. That is not to blame BAILII: they perform a brilliant public service in making so many judgments available online. They are not to know – if they are sent a judgement by a judge it is likely to be published – whether it can be cited or not; and therefore whether (perhaps) it should be published. (I have dealt with this before.)

The problem is compounded by the variety of set of family reports. Rather than – as with eg Chancery, Commercial, QB and so on – family law have three sets of reports: one for the Family Division (High Court judges), one for Family Court with a High Court judge…

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