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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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