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Behind closed doors

26 March 2009 / Edward Floyd
Issue: 7362 / Categories: Features , Family
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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’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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