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09 June 2023 / David Burrows
Issue: 8028 / Categories: Features , Family
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A stitch in time in the family courts (Pt 1)

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How can the family courts achieve hearings ‘within a reasonable time’? David Burrows sets out some practical ideas for speeding up cases
  • Judicial time well spent in case management could save appreciable proportions of hearing time.
  • Some cases now listed in the High Court could be dealt with by lower tier judges, and by assessors as judges.
  • There are arguably some areas of decision-making where professional lawyers (as judges) are not essential to fair disposal of cases.

Article 6.1 of the European Convention on Human Rights (ECHR) states that ‘everyone is entitled to a fair and public hearing within a reasonable time’. In April, the Law Society expressed its concern at continuing delays in family proceedings and the inadequacy of legal aid.

This article addresses the last few words of the quote from Art 6.1, ‘within a reasonable time’. It aims to provide practical, completely realistic (with administrative will) ideas for speeding up family cases. And this can be done without spending more money on judges or endangering justice. A second article

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