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03 December 2021 / David Burrows
Issue: 7959 / Categories: Features , Family , Profession , In Court
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A different future for family law?

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Open justice is the default position for all civil proceedings & should be high on any family courts reformer’s list, says David Burrows
  • Sir Andrew McFarlane’s 16-page review.
  • Open justice and the law.
  • Anonymity of children and parties.
  • Release of documents and publicity of court materials.

Sir Andrew McFarlane, president of the Family Division, trails his recent report on transparency in the family courts on the basis of his concern that a journalist can sit in on a family court but cannot always report what is observed. This is ‘not sustainable’ he says.

Over two years Sir Andrew’s concerns have been mulling over, and have been the subject of a variety of consultation. He says he has ‘reached the conclusion that there needs to be a major shift in culture and process to increase transparency’ in the family courts. His review, he says, ‘has focused upon the dual goals of enhancing public confidence in the family justice system, whilst at the same time maintaining the anonymity

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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