Judge-made law
In the Telegraph today Joshua Rozenberg interviews Jeremy Posnansky, QC, "one of Britain's leading specialists in family cases", who has taken the unusual step of leaving the Bar after thirty-five years and joining a solicitors' firm, albeit no ordinary firm - the Queen's solicitors, Farrer & Co. Posnansky has some strong views upon the current state of the law on 'ancillary relief', i.e. financial/property settlements following divorce. He berates the unclear, confusing and sometimes contradictory guidance handed down by the courts in recent years, in high-value financial cases, which he describes as "chaotic". He hopes that the Court of Appeal will clarify matters when it gives i's judgment in the Charman case, but says that ultimately we need a new statute:
Our current law was enacted over 30 years ago. Social attitudes and lifestyles have changed hugely since then. We need a new set of principles formulated by Parliament, after consultation and a Law Commission report, instead of by judicial amendment.
Agreed, but is there the political will for this? I won't be holding my breath.


