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10 June 2020
Issue: 7890 / Categories: Legal News , Family , Covid-19 , Profession
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Family pulls together

‘The Road Ahead’ set out for family courts
Senior family judge, Sir Andrew McFarlane has set out a road map for remote working and social distancing in the family courts in the next six months.

The document, ‘The Road Ahead’, draws on a report into remote hearings in the family court published by the Nuffield Family Justice Observatory in May. It advises family lawyers to assume social distancing restrictions will remain in place for ‘many months’ and the ‘normal court working environment’ will not be achieved until at least the end of 2020 or the spring of 2021. Consequently, ‘apparent potential unfairness’ which justified adjournment for a short period of time ‘must now be re-evaluated’.

Sir Andrew, President of the Family Division, said: ‘The need to achieve finality in decision-making for children and families, the detrimental effect of delay and the overall impact on the wider system of an ever-growing backlog must form important elements in judicial decision making alongside the need for fairness to all parties.’

However, various steps to reduce the potential for unfairness have been identified, which means more cases can proceed, he said. For example, the easing of lockdown gives lay parties the option of taking part in remote hearings from their solicitor’s office or other location where IT support is available.

Meanwhile, volumes of private and public cases have continued at pre-coronavirus levels, applications for domestic abuse injunctions have remained the same or, in certain inner-city areas, ‘significantly risen’. Sir Andrew predicted a ‘surge’ in child protection cases once more children came out of lockdown.

He urged judges and lawyers to keep submissions and judgments brief and relevant, as time is short. Read the full document at: bit.ly/3cQS39I.

Meanwhile, the High Court has begun a judicial review of the legal aid means test, brought by a domestic abuse victim denied legal aid because she co-owns her house with her former partner.

Law Society president Simon Davis said victims could not access the equity in their home and were left ‘navigating the court system alone and representing themselves in court against their abusive ex-partner’.

The Ministry of Justice was reviewing the legal aid means test before the COVID-19 pandemic began.

Issue: 7890 / Categories: Legal News , Family , Covid-19 , Profession
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MOVERS & SHAKERS

Taylor Rose—Jessica Draganescu & Emily Hewlett

Taylor Rose—Jessica Draganescu & Emily Hewlett

Firm strengthens growth strategy and group litigation capability with senior hires

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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