header-logo header-logo

A stitch in time in the family courts (Pt 1)

09 June 2023 / David Burrows
Issue: 8028 / Categories: Features , Family
printer mail-detail
125552
How can the family courts achieve hearings ‘within a reasonable time’? David Burrows sets out some practical ideas for speeding up cases
  • Judicial time well spent in case management could save appreciable proportions of hearing time.
  • Some cases now listed in the High Court could be dealt with by lower tier judges, and by assessors as judges.
  • There are arguably some areas of decision-making where professional lawyers (as judges) are not essential to fair disposal of cases.

Article 6.1 of the European Convention on Human Rights (ECHR) states that ‘everyone is entitled to a fair and public hearing within a reasonable time’. In April, the Law Society expressed its concern at continuing delays in family proceedings and the inadequacy of legal aid.

This article addresses the last few words of the quote from Art 6.1, ‘within a reasonable time’. It aims to provide practical, completely realistic (with administrative will) ideas for speeding up family cases. And this can be done without spending

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll