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29 April 2010
Issue: 7415 / Categories: Opinion
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Looking outside the family

There is no shortage of critics of the family justice system. Family charities allege bias in the law so far as it relates to their members, senior judges complain that there is insufficient funding to properly protect children, Ofsted continues to criticise Cafcass, and politicians have finally woken up to the fact that the system should be viewed in its socio-economic and public health context.

There is no shortage of critics of the family justice system. Family charities allege bias in the law so far as it relates to their members, senior judges complain that there is insufficient funding to properly protect children, Ofsted continues to criticise Cafcass, and politicians have finally woken up to the fact that the system should be viewed in its socio-economic and public health context.

Suggestions for improvements range from changes in law, such as in international relocation (or “leave to remove”) cases, to greater transparency in, and the use of mediation and collaboration as an alternative to, family courts, and even to the suggestion that poor parental conduct should be “irrelevant” to the question of residence and contact (which typically would

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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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