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06 September 2007 / Eleanor Harris
Issue: 7287 / Categories: Features , Media , Family
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The media and the family courts

Government proposals to allow increased media access to family courts provoked consternation, and rightly so, says Eleanor Harris

The issue of public access to, and the reporting of, family proceedings has been the topic of public debate for a number of years. The high-profile criminal trials of Angela Cannings, Sally Clark and Trupti Patel raised general concern, not only about possible miscarriages of justice in the criminal courts but also in the family courts. The particular fear was that where such evidence was heard in private it could be more difficult to challenge the evidence, which could lead to miscarriages of justice.

IMPROVING TRANSPARENCY

This issue was explored by the Department for Constitutional Affairs’ consultation paper Confidence and Confidentiality: Improving Transparency and Privacy in Family Courts in July 2006 (CP 11/06). The paper made the case for greater openness of family courts, arguing that this would result in better understanding of the work undertaken, increase the ability of the public to scrutinise the decisions and lead to a greater confidence

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Cripps—Radius Law

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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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