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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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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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