header-logo header-logo

Behind closed doors

26 March 2009 / Edward Floyd
Issue: 7362 / Categories: Features , Family
printer mail-detail

Edward Floyd considers the pros & cons of a more transparent family justice system

There is a great deal of momentum towards increasing transparency in the family courts. The government held two consultations in 2006 and 2007, with the most recent findings published on 16 December 2008 in the Ministry of Justice's publication, Family Justice in View. The media has waged a campaign against a system which it alleges consists of secretive proceedings held in private, a lack of accountability for public servants, and an absence of public scrutiny of decisions. This is not a new debate, and the longevity of the discourse may lie in the fact that there is a corresponding and sometimes competing imperative to respect the Art 8 rights of privacy of the individuals involved in family cases.

The Lord Chancellor, Jack Straw, introduced his proposals in his oral address to the House of Commons as “strik[ing] the right balance in providing a more open, transparent and accountable system and while protecting children and families during a difficult and traumatic time

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll