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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6h

Or what the 1965 revision drafters thought they were doing in smushing together judgments to recover and obligations to pay, given they were very different things.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6h

I’ve read all the relevant cases and I’m still not sure I understand exactly what the difference between attachment and committal was, or when and why and how they became the same things.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6h

The worrying part is that we’ve had 150 years of basically bolting new stuff on top of 800 years of (at least two different sets of) judge made final process, such that I’m not sure anyone understands (or can understand) the substantive law anymore…

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 7h

But across the Irish Sea, writs expired so very long ago. 😢

(I know we still have writs at the back end, particularly in our final process, but is the grossly wordy “writ of habaeus corpus for release” really a thing worth having?)

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 14h

Children never unilaterally take against a parent, rationally or irrationally, of course. It’s unfortunate that sometimes alienation happens, but even where it does, can the blunt instrument of the law fix it? should it? I’m very doubtful.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 1d

You cannot micromanage families and parental relationships. All parents make mistakes, especially under the stress of divorce and court proceedings. To then retread over their every word in retrospect ends up with a situation where both sides end up being in the wrong.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 1d

The result, as we see here, is endless litigation accusing each other of what can be fairly subtle behaviours, which in itself can have a disastrous effect on the children.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 1d

These cases (see also one a few months ago where a teenager was allegedly assaulted resisting being taken to his mothers) really do demonstrate the limits of the law - family courts cannot force broken down family relationships back together under the barrel of a gun.

www.bbc.com/news/article...

'Nothing short of tragic': Inside Ipswich family court - BBC News

A judge criticises two parents as he halts a 10-year court battle over their children's future.

www.bbc.com

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 2d

What do you mean by “bad faith” here? Do you mean that the authors do not honestly believe what they are saying?

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 4d

I definitely used it (2000-2007), although only on some rare occassions - ours was large and wooden, with less complications.

mwhoyle96.bsky.social @mwhoyle96.bsky.social · 4d

*Squints in exequatur*

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 5d

*became very insular

mwhoyle96.bsky.social @mwhoyle96.bsky.social · 5d

Brexiteerism has always been deeply insular and about retreating and isolating from the world, not going out into it. Two very different phenomena.

mwhoyle96.bsky.social @mwhoyle96.bsky.social · 5d

There is no evidence that empire mattered to voters at least at any time since the war. Decolonisation was never an election issue. Politics quickly very insular and inward looking: Powell was pro-empire but when it was gone he became very anti-Commonwealth.

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Reposted

Jacob Gifford Head @giffordhead.co.uk · 5d

I have a lot of sympathy with the problems which this is aimed at solving. But I do wish the judiciary would have greater regard to s.5 Civil Procedure Act 1997 which considerably limits the powers to issue them. Even if they are approved by the President of FamD & titled a “Practice Note”.

Family Law News @familylaw.bsky.social · 5d

Still “too many” incidences of non-compliance with Public Law Outline, Presiding Family Judge for London warns: www.localgovernmentlawyer.co.uk/child-protec...

Still “too many” incidences of non-compliance with Public Law Outline, Presiding Family Judge for London warns

www.localgovernmentlawyer.co.uk

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 5d

The problem is that this change is perceived to have very little to do with aesthetics (if it is, judges should just wear suits) and more to do with making a point.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6d

Its the same reason why a restaurant with 150 dishes on the menu is probably to be avoided, if it hasn't gone out of business already.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6d

The US, with its longstanding judicial rights enforcement, is currently in a much more authoritarian and lawless position than Eg Australia, which has little to none but a very healthy democracy. Because a determined authoritarian will almost always win unless beaten politically.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6d

That’s an entirely false dichotomy, assuming that judicially enforced rights are both a way and the way of preventing authoritarianism. The latter is clearly wrong, and I would argue so is the former.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6d

That could take years, and leave the UK with an extant declaration of incompatibility on the books.

mwhoyle96.bsky.social @mwhoyle96.bsky.social · 6d

Slightly unfair to Wolfson - the point with Zeigler is that the UK cannot go to Strasbourg to challenge the ruling, as an individual could. It can legislate to reverse it, but the UK courts would, following Zeigler, likely declare it incompatible. The UK would then have to await ECtHR challenge.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 7d

without direct incorporation and the ability to review and modify domestic law by reference to the Convention rights.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 7d

Smith and Grady v UK says there is no formal obligation to incorporate. However, while it might have been possible for English law to comply with the convention as agreed in 1950, because of the way it is interpreted by the ECtHR dynamically no legal system can ever provide an effective remedy 1/2

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 7d

In practical terms, yes.

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mwhoyle96.bsky.social @mwhoyle96.bsky.social · 7d

Had Strasbourg ruled the UK needed a freestanding private law right to privacy (which it never really did in eg Earl Spencer v UK) and it was introduced by a careful statutory scheme developed by Parliament, that would have been much better.