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19 November 2021 / Paul Linsell
Issue: 7957 / Categories: Features , Family
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Transparency in the family courts

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Paul Linsell asks whether proposals for increased transparency could have unintended consequences
  • The intimate nature of the disputes that arise in family courts make the balance of individual confidentiality and the transparency to the public a thorny issue.
  • The president of the Family Division has produced a roadmap on how to achieve openness and confidentiality.

Sir Andrew McFarlane, president of the Family Division, published his much-anticipated report about opening up the family courts to greater transparency and reporting last month.

Entitled ‘Confidence and confidentiality: transparency in the family courts, it is clear from the outset that the recommendations set out represent a significant shift in direction for the family court. Many have referred to it as a complete change in culture.

Transparency & confidentiality

The report does not skirt around the difficulties in opening up the family courts to greater transparency. After all, how to manage the tension between doing just that while maintaining confidentiality for individuals has been the debate that has raged for

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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