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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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HFW—Nelson Wang

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Burges Salmon—David McEwing

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Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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