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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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