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14 July 2023 / David Burrows
Issue: 8033 / Categories: Features , Family , Procedure & practice , Child law
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Releasing documents in children proceedings: a tangled web

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A Byzantine set of rules governs the release of documents in children proceedings: David Burrows calls for some sorely-needed simplicity
  • The complex procedural rules surrounding the release of documents by parties to children proceedings are at odds with the requirement under the Courts Act 2003 that rules be ‘simple and simply expressed’.
  • In a recent judgment, Mr Justice Mostyn urged rule-makers to look again at the ‘Byzantine’ rules covering what parties can lawfully disclose to the police.

My brother columnist Stephen Gold in ‘Civil way’, NLJ, 16 June 2023 at p15, drew attention to the Byzantine twists demanded by procedural rules on release of documents by parties to children proceedings exposed by Mr Justice Mostyn in EBK v DLO [2023] EWHC 1074 (Fam). This subject takes an unsuspecting parent into a variety of confusing (including for Mostyn J) and confused crosscurrents of law and procedural rules. As this article concludes, the twists demanded by the rules may justify parties to a case like

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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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