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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

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Jackson Lees Group—Jannina Barker, Laura Beattie & Catherine McCrindle

Firm promotes senior associate and team leader as wills, trusts and probate team expands

Asserson—Michael Francos-Downs

Asserson—Michael Francos-Downs

Manchester real estate finance practice welcomes legal director

McCarthy Denning—Harvey Knight & Martin Sandler

McCarthy Denning—Harvey Knight & Martin Sandler

Financial services and regulatory offering boosted by partner hires

NEWS
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
From cat fouling to Part 36 brinkmanship, the latest 'Civil way' round-up is a reminder that procedural skirmishes can have sharp teeth. NLJ columnist Stephen Gold ranges across recent decisions with his customary wit
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