Case Citations
The Serious Business of Case Names
By Belinda Moseley of Geldards LLP
Family law is a serious business. We are dealing with people’s lives and livelihoods and, most importantly, with their families and family structures. The lawyers and other professionals advising and supporting people through this difficult part of their lives take that responsibility seriously too.
Despite some rumours about lawyers, most of us are ordinary people. We care about our clients and their families and want the best possible outcome for them.
But we also see the very darkest sides of human relationships with one another in the form of abuse, violence and neglect.
So, the occasional moment of levity in our professional sphere can be very welcome. Having a sense of humour does not mean we think anything less of the subject matter, but rather helps us retain our humanity.
An example of this, is a more recent move towards court cases being given nicknames in their citations. Some of these are most apt such as FI v DO [2024] EWFC 384 (B), a case which included working out who kept the family dog, and HO v TL [2023] EWFC 215, a case where the couple owned a chain of hotels.
However, some might ask, whether this is trivialising the matter - especially for the real people in the middle of it.
We would like to think, not at all. Actually, it helps us, not just because the case title itself is memorable but because it can help identify a particular part of the case that helps recall it to mind or because it sticks out in a vast sea of case law (so many cases are A v B or H v W) so having an easier or faster way to find something useful actually saves time and money (and that’s money the client isn’t then paying out too).
The law is also quite formal in its language but there is movement to make things less combative and more accessible.
Quite recently, the Hon. Richard Todd KC (a senior barrister and Deputy High Court Judge) commented in a case H v M [2025] EWHC 2817 (Fam) that referring to divorced spouses as husband and wife was simply to avoid confusion not to add insult in circumstances where one person could be both an applicant and a respondent to different parts of the same case - so “husband” and “wife” were quite obvious who was who.
The Law Society has also promoted ditching “Dear Sirs” in favour of more neutral and gender inclusive salutations such as “Dear legal team” or “Dear all”. As email communication has come to dominate over paper letters, it is increasingly common to address the person you are writing to by their name, at least as Mr/ Ms/Mx Smith if not by their first/given name. The aim expressed was for the profession to strive towards being more inclusive and representative across the board.
None of us should presume what someone else wants us to call them so it is always better to try and check or at least reflect what they have addressed you as if they have emailed first in time. As with all good communication though, if you are not sure, pick up the phone and ask - knowing there is a named human being on the end of the phone can make the world of difference when it comes to communication.
Good, clear and constructive communication can only be a good thing for our clients, ourselves, and our colleagues and only requires some thought to make a real difference. This goes for how we refer to each other as well as what we decide to call our cases.
Belinda Moseley | Senior Associate | Geldards Law Firm
