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06 September 2007 / Sarah Palin
Issue: 7287 / Categories: Features , Family
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The slur of secrecy

The government’s commitment to maintaining the status quo in family courts is a disappointing policy reversal, says Sarah Palin

The government’s latest consultation paper on openness in the family courts, Openness in Family Courts—A New Approach (CP 10/07), published on 20 June 2007, comes out in favour of maintaining the old approach of secrecy in the family courts.

reversal

This is a disappointing reversal from the consultation paper published in July 2006, Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts (CP 11/06), which proposed more openness “so that people could better understand, better scrutinise decisions and have greater confidence”.

Those proposals were twofold: a right for the media to attend hearings in family proceedings, subject to a power to exclude; and a right for the media to publish anonymised legal arguments and decisions.

The new consultation paper states that there was “little support for giving the media the automatic right to attend family courts”. Yet this is a reform which has long-standing and eminent judicial support and where a majority of

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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