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14 July 2023 / David Burrows
Issue: 8033 / Categories: Features , Family , Procedure & practice , Child law
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Releasing documents in children proceedings: a tangled web

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A Byzantine set of rules governs the release of documents in children proceedings: David Burrows calls for some sorely-needed simplicity
  • The complex procedural rules surrounding the release of documents by parties to children proceedings are at odds with the requirement under the Courts Act 2003 that rules be ‘simple and simply expressed’.
  • In a recent judgment, Mr Justice Mostyn urged rule-makers to look again at the ‘Byzantine’ rules covering what parties can lawfully disclose to the police.

My brother columnist Stephen Gold in ‘Civil way’, NLJ, 16 June 2023 at p15, drew attention to the Byzantine twists demanded by procedural rules on release of documents by parties to children proceedings exposed by Mr Justice Mostyn in EBK v DLO [2023] EWHC 1074 (Fam). This subject takes an unsuspecting parent into a variety of confusing (including for Mostyn J) and confused crosscurrents of law and procedural rules. As this article concludes, the twists demanded by the rules may justify parties to a case like

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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