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12 May 2023 / David Burrows
Issue: 8024 / Categories: Features , Family , Procedure & practice
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Open justice: a presidential fiat?

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Is the term ‘transparency’ an unlawful euphemism for open justice? David Burrows reviews the powers of the president of the Family Division to pilot transparency
  • In law, are family courts entitled to sit in secret (other than in children cases)?
  • What powers has the president of the Family Division to determine that they sit in private and then to ‘allow’ or pilot a scheme for limited attendance of journalists?

Family lawyers have for the past 50 years and more concerned themselves as to whether hearings in most family cases should be in private or not. A history of these concerns was traced recently by Mr Justice Mostyn in Xanthopoulos v Rakshina [2023] 1 FLR 388 (at [73] etc). He explains the illogicality of family lawyers’ position on the subject in law. What he does not do is to explain the continuing present state of affairs (ie nominally ‘private’ hearings for many types of family case) in family cases, nor does he explain how family proceedings rule-makers have been

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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