header-logo header-logo

26 March 2009
Issue: 7362 / Categories: Legal News , Family
printer mail-detail

Family transparency battle continues

Courts

Plans to open up the family courts to press scrutiny will be limited to “system rather than substance”, a high court judge has warned.

Journalists will be able to sit in on private family court hearings relating to children and report on the process in April, under government plans to make the family justice system more transparent.

Addressing family lawyers attending Resolution’s annual conference in Bristol last week, however, Mr Justice Andrew McFarlane said journalists would be tightly controlled: “They will face tough sanctions if they report any detail of the particular case that they are observing,” he said.

“Reporting will be limited to the process and the gist of proceedings, rather than the detail of any particular case. In other words the reporting will be about system rather than substance.” He called for “a mechanism that permits accredited journalists, MPs and others to have access to such material from past court proceedings as would enable them to audit the family justice process against the complaints that they are hearing from the parent.

“This might simply involve the receipt of an anonymised copy of the judgment which would do no more than expose material in written form that the journalist would have had access to had they attended the original oral hearing.

The brave new world post–April following the “opening up of the Family Courts” therefore seems to be far more sophisticated and restricted that may have been understood by some journalists, the public at large and, for that matter, the legal profession, he added.

Issue: 7362 / Categories: Legal News , Family
printer mail-details

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll