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27 February 2015 / Tim Parker , Tim Parker
Issue: 7642 / Categories: Features , Family
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Happy anniversary?

Almost a year on from major reform, Tim Parker assesses the family justice system

Almost a year has passed since the introduction of what Sir James Munby, President of the Family Division, described as “the largest reform of the family justice system any of us have seen or will see in our professional lifetimes” (View from the President’s Chambers, no. 11). Although he was also quick to point out that he didn’t accept that the new rules concerning expert instructions and the 26 week limit would “prejudice the quality of justice or the interests of those who appear before us”. So as the first anniversary of the changes nears, how has the system fared?

The illness

The architects of the Children Act 1989 (CA 1989) expected that care applications would last no more than 12 weeks, with most being concluded within eight. It is unclear whether these timescales were ever realistic; what is clear is that the length of applications increased over the years. Within five years of the Act coming into

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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