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05 February 2020 / David Burrows
Issue: 7873 / Categories: Features
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Family fortunes

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David Burrows identifies some familiar hot topics ripe for reform in 2020
  • Clarity of law and legal aid helps to approach a fair trial.
  • Secrecy: still a question in the family courts.

Around the turn of 2018–19 I speculated on what I would do if I ruled the family law world. I started from recognition that opaque—or badly drafted—law is injustice in itself, and ended with a plea for legal aid (see ‘Fixing family law: a wish list’, 169 NLJ 7823, p7). I identified eight further topics alongside these two. Family law reform should include, I suggested:

  • Clarity of law, for lack of clarity in law denies a fair trial.
  • Marriage laws: divorce law reform is important; but so too is the need for the law of marriage to be defined to fit 21st century secular and mixed religion society.
  • Child law procedure: how can a child know what rights he or she has when child law procedure is so complex?
  • Child Support Act 1991 with all its amendments
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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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