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01 September 2020 / Graeme Fraser
Issue: 7900 / Categories: Opinion , Family , Covid-19
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Family justice post COVID-19: the road to recovery

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Ingenuity & resilience have helped to ensure justice for many families in lockdown but a coherent recovery plan is essential to protect the most vulnerable, as Graeme Fraser explains

The Sixth Report of the House of Commons Justice Committee of Session 2019-21 published last month (https://bit.ly/346gmjo) provides an honest and balanced appraisal of the courts’ performance during the pandemic, with constructive comment on how to address the backlog of unheard cases. It also raises important questions as to the permanence of the emergency changes and the future of the existing reform programme.

Recommendations by the Justice Committee

HMCTS, the Judiciary and the court staff have been commended for maintaining significant levels of service and delivering successful and rapid changes. This approach will be needed in the longer term to implement the proposed recovery plan. Work is required to identify the impact of increased use of digital technology on case outcomes, the perception of fairness, and any barriers to access to justice. Changes introduced during the pandemic that have impeded access to justice should

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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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