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06 September 2024 / David Burrows
Issue: 8084 / Categories: Features , Procedure & practice , Family , Child law
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My three wishes for the new Labour Lord Chancellor

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Family law procedure from the genie’s bottle. In the first of two articles, David Burrows calls for change
  • Sets out author’s recommendations for changes to family procedure rules.
  • The first part of this short series covers the author’s call for Parkinson’s law to be applied to family proceedings and for an overhaul of procedure in children’s cases.
  • A second article will cover the author’s recommendation for Amicus-like help for family judges.

Were the new Lord Chancellor, Shabana Mahmood KC MP, to appear before me as if a genie from a bottle, and offer me three wishes, what would I ask for in terms of family law procedural reform? I take as read that any Labour government would want to overhaul our broken legal aid system, so I will move on from that.

My list concentrates on case management and more effective use of judges’ time, and recalls the dire state of procedural law for mature children involved in court proceedings. All of this must be prefaced by a routine moan about a root of much procedural

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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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