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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
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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