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12 February 2009
Issue: 7356 / Categories: Features
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A scandal in our midst

David Burrows laments the ruinous costs’ toll of family proceedings

'The ‘scandal’ of which Munby J complains is mostly of the lawyers’ doing: we must accept that and be ashamed'

In KSO v MJO and ors [2008] EWHC 3031 (Fam) a despairing Mr Justice Munby concluded his judgment by referring to “ancillary relief litigation conducted at ruinous expense to the parties” [75]. He went on, “something must be done…We simply cannot go on as we are” [81]; and aptly he quotes from Bleak House (Charles Dickens) Ch 65. Of Jarndyce v Jarndyce he includes Allan Vholes’s comment, that the estate has been entirely absorbed in costs, and “thus the suit lapses and melts away”.
And yes, something must be done: but by whom and to what agenda? The practising profession, bears a large proportion of blame; but what of the others involved: the judges, the civil servants, the politicians; and what of the procedures and formalities under which we have to operate and which engulf the unwitting family litigant?

Sloppy rule drafting
Many of us will

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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