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26 March 2009
Issue: 7362 / Categories: Legal News , Family
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Family transparency battle continues

Courts

Plans to open up the family courts to press scrutiny will be limited to “system rather than substance”, a high court judge has warned.

Journalists will be able to sit in on private family court hearings relating to children and report on the process in April, under government plans to make the family justice system more transparent.

Addressing family lawyers attending Resolution’s annual conference in Bristol last week, however, Mr Justice Andrew McFarlane said journalists would be tightly controlled: “They will face tough sanctions if they report any detail of the particular case that they are observing,” he said.

“Reporting will be limited to the process and the gist of proceedings, rather than the detail of any particular case. In other words the reporting will be about system rather than substance.” He called for “a mechanism that permits accredited journalists, MPs and others to have access to such material from past court proceedings as would enable them to audit the family justice process against the complaints that they are hearing from the parent.

“This might simply involve the receipt of an anonymised copy of the judgment which would do no more than expose material in written form that the journalist would have had access to had they attended the original oral hearing.

The brave new world post–April following the “opening up of the Family Courts” therefore seems to be far more sophisticated and restricted that may have been understood by some journalists, the public at large and, for that matter, the legal profession, he added.

Issue: 7362 / Categories: Legal News , Family
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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