With some measure of trepidation, I find myself applauding Mr Justice Mostyn for the second time in as many days.It is not a fear of being seen to be a fan of Mostyn that worries me, or praising a member of the judiciary, or for that matter having to answer allegations that I might have 'gone native'. There is almost a compulsion to parody the chants from a 1990s chat show, and stand outside his court cheering 'Go Nicky, Go Nicky'. I'm sure he shudders at the thought almost as much as I do.
Simply, Mr Justice Mostyn has produced yet another judgment where he cuts through the 'fluff' (in this case being 179 allegations and a bundle of 1,600 pages), and does so fulfilling his inquisitorial role, and with a large degree of pragmatism. The trial had become a circus, costing the father £120,000 and the state a similar amount on behalf of the mother. Appeal and retrial were sought, despite shared care now existing between the parties. The case had become a post separation litigation fuelled show rather than being centered on the best arrangements for the children. Mostyn, without red nose or painted tears, sends the circus packing.
I find I am now anticipating a 'Mostyn judgment' in much the same way as some of my contemporaries await an England victory at the World Cup. Does the High Court allow vuvuzelas in the public gallery?
http://www.bailii.org/ew/cases/EWHC/Fam/2010/1282.html
http://www.bailii.org/ew/cases/EWHC/Fam/2010/1282.html
