The guide is intended to be of help and assistance to judges but not as a substitute for the proper exercise of their discretion having heard argument on the issues to be decided. (newlawjournal.co.uk)
A failure to seek interim relief can be a factor in the final exercise of discretion in the case. (newlawjournal.co.uk)
In N v F, Mostyn J reminds himself that these types of case are «highly fact specific and very discretionary»; but then he goes on to spend 10 pages of a 17 - page judgment explaining the cases and other external factors — ie not «fact specific» to the case at all — that he plans to take into account in exercise of his discretion (16 earlier cases — including Ribiero PJ in LKW v DD (FACV 16/2008)-- are cited). (newlawjournal.co.uk)