Family courts: Transparency v Privacy

• 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,