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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
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The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
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