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12 August 2020 / Sheena Cassidy Hope
Issue: 7899 / Categories: Features , Covid-19 , Family
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The Family Court of the Future

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Remote hearings, video hearings or no hearing at all? Sheena Cassidy Hope considers how the family courts might evolve

In brief

  • New ways of working could present opportunities for a more streamlined, 21st century Family Court.
  • Changes must ensure that access to justice is properly maintained, particularly for the most vulnerable in society.

Reform of the Family Court is not a new topic. The current HMCTS reform programme was launched in 2016, with a stated vision of modernising and upgrading the justice system so that it works better for all users. While the increased use of online applications, a move towards paperless courts and ‘fully’ video hearings were key aspects of the reform programme, few could have anticipated these becoming widespread practice within a matter of weeks (and in some instances, days). But with the lockdown imposed in March by the Government to suppress the spread of COVID-19 causing the courts, legal profession and litigants to unexpectedly partake in a sudden and unorthodox pilot, to what

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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