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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
For decades, juries have been told to convict only if they are ‘sure’ of guilt. But what does that mean in practice? Writing in NLJ this week, Michael Zander KC, NLJ columnist and emeritus professor at LSE, argues the answer is alarmingly unclear
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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