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10 January 2019 / David Burrows
Issue: 7823 / Categories: Opinion , Divorce , Child law , Mediation , Family
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Fixing family law: a wish list

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David Burrows looks ahead & shares his manifesto for change

What would I do if I ruled the family law world? I have started from recognition that opaque law is injustice in itself, and ended with a plea for legal aid (I have not included domestic abuse law reform since that is said to be in the course of being dealt with). My pleas for reform of family law reform would include the following:

1. Clarity: lack of clarity in law denies a fair trial, especially in these days of so many people being deprived of legal aid (see later). Family law is no exception. Parliament has fixed the rule-makers’ duty as to produce rules ‘with a view to securing that… the rules are both simple and simply expressed’ (Courts Act 2003 s 75(5)). Frequently this is not achieved by the rules: for example, much of Pt 16 (representation of children) is a repetition, with convoluted and confusing complexity, of the 1991 rules (see later); FPR 2010 Pt

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

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Ellisons welcomes Francesca Brown to Family team

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Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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