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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 government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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