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05 February 2020 / David Burrows
Issue: 7873 / Categories: Features
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Family fortunes

15318
David Burrows identifies some familiar hot topics ripe for reform in 2020
  • Clarity of law and legal aid helps to approach a fair trial.
  • Secrecy: still a question in the family courts.

Around the turn of 2018–19 I speculated on what I would do if I ruled the family law world. I started from recognition that opaque—or badly drafted—law is injustice in itself, and ended with a plea for legal aid (see ‘Fixing family law: a wish list’, 169 NLJ 7823, p7). I identified eight further topics alongside these two. Family law reform should include, I suggested:

  • Clarity of law, for lack of clarity in law denies a fair trial.
  • Marriage laws: divorce law reform is important; but so too is the need for the law of marriage to be defined to fit 21st century secular and mixed religion society.
  • Child law procedure: how can a child know what rights he or she has when child law procedure is so complex?
  • Child Support Act 1991 with all its amendments and slough of regulations should be abolished and
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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