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26 March 2009 / Edward Floyd
Issue: 7362 / Categories: Features , Family
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Behind closed doors

Edward Floyd considers the pros & cons of a more transparent family justice system

There is a great deal of momentum towards increasing transparency in the family courts. The government held two consultations in 2006 and 2007, with the most recent findings published on 16 December 2008 in the Ministry of Justice's publication, Family Justice in View. The media has waged a campaign against a system which it alleges consists of secretive proceedings held in private, a lack of accountability for public servants, and an absence of public scrutiny of decisions. This is not a new debate, and the longevity of the discourse may lie in the fact that there is a corresponding and sometimes competing imperative to respect the Art 8 rights of privacy of the individuals involved in family cases.

The Lord Chancellor, Jack Straw, introduced his proposals in his oral address to the House of Commons as “strik[ing] the right balance in providing a more open, transparent and accountable system and while protecting children and families during a difficult and traumatic time

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NEWS
The Court of Appeal has overturned the convictions of five Barclays LIBOR/EURIBOR traders—demonstrating the dangers of removing jury trial from serious fraud cases, according to a solicitor acting in the case
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
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