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26 March 2009
Issue: 7362 / Categories: Legal News , Family
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Family transparency battle continues

Courts

Plans to open up the family courts to press scrutiny will be limited to “system rather than substance”, a high court judge has warned.

Journalists will be able to sit in on private family court hearings relating to children and report on the process in April, under government plans to make the family justice system more transparent.

Addressing family lawyers attending Resolution’s annual conference in Bristol last week, however, Mr Justice Andrew McFarlane said journalists would be tightly controlled: “They will face tough sanctions if they report any detail of the particular case that they are observing,” he said.

“Reporting will be limited to the process and the gist of proceedings, rather than the detail of any particular case. In other words the reporting will be about system rather than substance.” He called for “a mechanism that permits accredited journalists, MPs and others to have access to such material from past court proceedings as would enable them to audit the family justice process against the complaints that they are hearing from the parent.

“This might simply involve the receipt of an anonymised copy of the judgment which would do no more than expose material in written form that the journalist would have had access to had they attended the original oral hearing.

The brave new world post–April following the “opening up of the Family Courts” therefore seems to be far more sophisticated and restricted that may have been understood by some journalists, the public at large and, for that matter, the legal profession, he added.

Issue: 7362 / Categories: Legal News , Family
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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
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
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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