Justice calls for clarity

Simplified, “plain language” steps for the appointment of expert witnesses in family cases should be introduced, the senior judge in charge of reviewing family justice has said.

Mr Justice Ryder identified this as a “quick win”—one of “those changes which we all agree should be made without delay and where changes in legislation may not be necessary”.

“I am working closely with government lawyers and the Family Procedure Rule Committee to identify rules and/or practice direction changes to give more clarity about when it is appropriate to appoint an expert and to ensure that the work commissioned from experts is necessary and relevant to the issues to be decided by the court,” he says, in his third update on his Family Justice Modernisation Programme.

Ryder J says there will be greater continuity of case management by judges and case managers under new docketing guidance agreed with the Judicial Executive Board. There is already an expectation that judges and legal advisers should not be away from their court for more than a month at a time, he says.

The judge reports that the National Family Justice Board is due to launch next month, and discussion is ongoing over the contributions required of judges to local boards.

A national pilot on data reporting for judges will also begin next month. Leadership judges will be given “reliable data from court hearings and about the volume and type of work that takes place in the family courts”, allowing them “to improve performance and to contribute to effective business plans for the best use of our resources”. 

Ryder J says he expects the government to create a statutory family court within the next year, and agreement has been reached over the division of work between the High Court and the family court.

He is due to announce his recommendations for reform by 31 July 2012, having first agreed them with the Family Procedure Rule Committee, the Family Justice Council, leadership judges, the Judicial Executive Board and the HMCTS board.