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23 May 2025 / Beverley Morris
Issue: 8117 / Categories: Features , Family , Privacy , Divorce , Media , ADR
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Family courts: Transparency v Privacy

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Beverley Morris considers the issue of privacy in the operation of the family court, as well as the rise of non-court dispute resolution
  • The push for greater transparency, driven by judicial guidance, means more judgments are being published. While this serves open justice, it raises issues abut privacy.
  • To preserve privacy and avoid the pressures of an overstretched court system, clients are increasingly turning to out-of-court options such as arbitration, mediation, and private financial dispute resolution hearings.

The requirement for justice to be conducted within the public domain has always been an important principle. With the development of the law came the criticism that family proceedings were too often conducted with privacy and secrecy. This brought about a level of concern that did nothing to enhance the public’s understanding of the operation of the family courts.

In reaction to the criticism, the family court has taken steps to address the concerns. These have been phased in—for example, with access to certain hearings, information being open to accredited journalists,

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MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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