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10 January 2019 / David Burrows
Issue: 7823 / Categories: Opinion , Divorce , Child law , Mediation , Family
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Fixing family law: a wish list

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David Burrows looks ahead & shares his manifesto for change

What would I do if I ruled the family law world? I have started from recognition that opaque law is injustice in itself, and ended with a plea for legal aid (I have not included domestic abuse law reform since that is said to be in the course of being dealt with). My pleas for reform of family law reform would include the following:

1. Clarity: lack of clarity in law denies a fair trial, especially in these days of so many people being deprived of legal aid (see later). Family law is no exception. Parliament has fixed the rule-makers’ duty as to produce rules ‘with a view to securing that… the rules are both simple and simply expressed’ (Courts Act 2003 s 75(5)). Frequently this is not achieved by the rules: for example, much of Pt 16 (representation of children) is a repetition, with convoluted and confusing complexity, of the 1991 rules (see later); FPR 2010 Pt

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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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