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26 March 2009
Issue: 7362 / Categories: Legal News , Family
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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
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MOVERS & SHAKERS

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Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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