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03 November 2021
Issue: 7955 / Categories: Legal News , Family , Divorce
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Family courts: transparency fears

Family lawyers have expressed concerns over ‘revolutionary’ proposals by the president of the Family Division for greater transparency

Sir Andrew McFarlane has proposed a ‘major shift in culture’ where family judges are expected to publish at least 10% of their judgments each year, in his report last week, ‘In confidence and confidentiality: transparency in the family courts’.

His report proposes more meetings between the media and judges, allowing individuals involved in a case to talk to journalists, and for accredited journalists and bloggers not only to attend and observe hearings but report publicly on the hearings while respecting individuals’ private information and ensuring children are not identified.

Emily Foy, senior associate, Payne Hicks Beach, said enhanced transparency was ‘long overdue’ but a ‘delicate balance’ must be struck with protective safeguards ‘to avoid jigsaw identification’.

However, Collyer Bristow partner Philippa Dolan said: ‘This will all be about the number of handbags or girlfriends that litigants have, as opposed to a mature debate about legal principles.

‘It’s different with public law cases where, for example, children are removed from their parents in our name. We should be told what’s going on…But there is little but prurience behind the clamour for more personal information to pick over – and social media will make the whole exercise ever more toxic.’

Forsters partner Matthew Brunsdon-Tully warned: ‘Relatively recent changes in 2014 giving the media greater ability to attend family cases have not had the desired effect and instead a largely negative and unrepresentative drip-drip of concerning stories in the press has continued, with only substantial and equally unrepresentative appeals (often "glitzy big-money international divorces"), frequently heard in open court, making their way into the public consciousness.’

Mark Harper, partner, Hughes Fowler Carruthers, said the review would provide more transparency but ‘also opens the door to potentially dangerous outcomes for children – from mental health to hesitancy to testify, who, through no fault of their own, are forced to have one of the most difficult times of their lives made publicly available for years to come.

‘Justifying decisions in children’s cases should not take priority over protecting children and the identities of them and their parents. Most worryingly about this report were findings that children will be unwilling or less willing to talk to a clinician about ill-treatment or disputes about their care, or about their wishes and feelings once they are told a reporter might be in court.’

Issue: 7955 / Categories: Legal News , Family , Divorce
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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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