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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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