Privacy & transparency in the family courts – Sir Andrew MacFarlane reports – Panopticon

‘The issue of how the protection of privacy rights should be balanced as against the fundamental public interest in achieving transparency and open justice within the family justice system has long vexed the family division of the High Court. On the one hand, ensuring the confidentiality of family law proceedings is crucial both in terms of protecting the fundamental privacy rights of those individuals who find themselves caught up in such proceedings and in terms of maximising their engagement in the process. On the other hand, a lack of meaningful transparency around the work of the family courts undermines public trust in the family justice system, increases the risk of miscarriages of justice and inhibits the public’s ability to press for reforms of the system on a properly informed basis. The family courts have for a number of years recognised that this balance was weighted too strongly in favour of preserving the confidentiality of family court proceedings, but that still left the fantastically difficult question of how the system should be reformed so as to increase the level of transparency. These are issues that were considered most recently by the courts in the case of Newman v Southampton City Council [2021] EWCA Civ 437. In that case, a journalist who had been unable to attend the first instance hearings of a particular high profile adoption case, was seeking access to the documents which had been placed before the first instance court. The Court of Appeal concluded that the High Court had been right to conclude that the balance of interests tipped in favour of preserving the confidentiality of the majority of relevant documents. However, it also observed that the case served to ‘underline the need for the Transparency Review’ (paragraph 92).’

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Panopticon, 2nd November 2021

Source: panopticonblog.com

Remote Hearings and the Future of the Financial Remedy Court: What We Learned from the Farquhar Report – Parts 1 and 2 – Parklane Plowden

Posted November 2nd, 2021 in case management, drafting, family courts, news, remote hearings, reports by sally

‘The Farquhar report, authored by His Honour Judge Stuart Farquhar, was commissioned by Mostyn J (the National Lead of the Financial Remedies Court) to consider the future of the FRC and the role that remote hearings should play.’

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Parklane Plowden Chambers, 1st November 2021

Source: www.parklaneplowden.co.uk

Family Law Newsletter – Spire Barristers

‘Issue #53 of Spire Barristers’ Family Law Newsletter: edited by Chloe Lee and Philippa Pudney; news and Case Reviews by Francesca Massarella. Francesca began pupillage at Spire Barristers in September 2021.’

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Spire Barristers, 27th October 2021

Source: spirebarristers.co.uk

When Civil met Family: how to deal with TOLATA claims in Financial Provision cases – Becket Chambers

Posted November 2nd, 2021 in divorce, family courts, financial provision, joinder, news, third parties by sally

‘The Family Court is seeing an increasing number of cases where property is (or is asserted to be) owned by a third party. As more parents assist children with purchasing a home or friends buy with friends, it is ever more likely that a financial provision case will involve consideration of who owns what. Here are some tips on how to approach such a case.’

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Becket Chambers, 19th October 2021

Source: becket-chambers.co.uk

Transparency to be ‘new norm’ in Family Division – McFarlane – Law Society’s Gazette

Posted October 29th, 2021 in anonymity, families, family courts, media, news, reporting restrictions by tracey

‘Openness in the family justice system should be regarded as “the new norm”, the president of the Family Division said yesterday, proposing that the media should be allowed to report court hearings more fully.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Guarding Special Guardianship: the need for legal aid reform – Family Law week

Posted October 25th, 2021 in children, families, family courts, guardianship, legal aid, news by tracey

‘Jessica Johnston, Legal Adviser with Family Rights Group, explains a major challenge to prospective special guardians and how it might be overcome.’

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Family Law Week, 21st October 2021

Source: www.familylawweek.co.uk

Senior family judge gives “steer” on when hearings should be in-person, criticises speed of implementation of Public Law Working Group recommendations – Local Government Lawyer

Posted October 21st, 2021 in coronavirus, Court of Protection, family courts, news, remote hearings by sally

‘The central theme running through the approach that should apply to whether hearings should be held in person, remotely or a hybrid is that the parties and their lawyers should normally be physically present at court on those occasions when an important decision may be taken, the President of the Family Division has suggested.’

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Local Government Lawyer, 20th October 2021

Source: www.localgovernmentlawyer.co.uk

Language Matters: time to reframe our national vocabulary for family breakdown – Family Law

Posted October 15th, 2021 in children, divorce, families, family courts, news by tracey

‘As a society we have made huge progress, for example, in removing gender-biased and racist language from everyday speech. We do this because we recognise that using biased language can reinforce biased thinking. But there remain areas in which the power of language to influence thought and behaviour has not yet been properly appreciated. This article concerns the use of the language of aggression and conflict in the context of family breakdown and argues that it is time for change.’

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Family Law, 14th October 2021

Source: www.familylaw.co.uk

Less is more: my practical advice after almost forty years of practising – Family Law Week

Posted October 15th, 2021 in barristers, families, family courts, news by tracey

‘Gabrielle Jan Posner, Barrister and Recorder, Trinity Chambers, Chelmsford, passes on some hard-earned tips.’

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Family Law Week, 12th October 2021

Source: www.familylawweek.co.uk

Seeing wellbeing as a weakness must change for all our sakes – Family Law

Posted October 13th, 2021 in barristers, family courts, mental health, news by tracey

‘Earlier this year we did a chambers wide audit of mental health and wellbeing and provided a wellbeing workshop for barristers and staff. I have been in practice for nearly thirty years and the mantra “work comes first” dominates my work ethic. I know this has been to my detriment. For example, going to court on the morning my father died because I couldn’t let the court down.’

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Family Law, 8th October 2021

Source: www.familylaw.co.uk

Speech by the President of the Family Division: Supporting Families in Conflict – There is a better way – Courts & Tribunals Judiciary

‘An Address by Sir Andrew McFarlane to the Jersey International Family Law Conference 2021.’

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Courts & Tribunals Judiciary, 11th October 2021

Source: www.judiciary.uk

Financial Remedy Update, October 2021 – Family Law Week

‘Stephanie Hawthorn, associate, and Robert Jackson, trainee solicitor, at Mills & Reeve LLP, consider the important news and case law relating to financial remedies and divorce during September 2021.’

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Family Law Week, 8th October 2021

Source: www.familylawweek.co.uk

Court dismisses 28 separate divorce petitions with identical wording – Law Society’s Gazette

Posted October 13th, 2021 in divorce, families, family courts, news by tracey

‘A family court judge has dismissed 28 divorce petitions from the same company after a finding that particulars of behaviour were “absolutely identical” to each other.

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Law Society's Gazette, 12th October 2021

Source: www.lawgazette.co.uk

A v A [2021] – The Final Piece of the Puzzle for Family Arbitration – Family Law

Posted October 4th, 2021 in arbitration, dispute resolution, families, family courts, news by tracey

‘FLiP has been a strong supporter of family arbitration as a means of resolving disputes away from the courts since family arbitration was introduced into England & Wales in February 2012. In fact, it was at FLiP that one of the first family arbitrations under the new scheme took place and, as a firm, we offer three qualified family arbitrators.

The uptake and breadth of appeal of family arbitration has turned a real corner in the past 16 or so months. The decision of A v A (Arbitration: Guidance) [2021] EWHC 1889 (Fam), published in July 2021, has clarified how family arbitration works within the family court system; it should give those considering using family arbitration full confidence in the process as a cogent alternative to litigation.’

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Family Law, 1st October 2021

Source: www.familylaw.co.uk

Knives in court: Rise in blades found at London family courts – BBC News

Posted September 15th, 2021 in family courts, news, offensive weapons, statistics by tracey

‘The number of large blades brought to London family courtrooms has tripled in a year, official records obtained by the BBC show.’

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BBC News, 15th September 2021

Source: www.bbc.co.uk

When a case is described finely balanced, how important are the children’s expressed wishes and feelings? Dorset Council v M & Ors (Removal : Balance of Harm) [2021] EWFC B43 – Transparency Project

Posted September 8th, 2021 in adoption, care orders, children, families, family courts, fostering, local government, news by sally

‘Every case is fact specific but what makes cases like this interesting is seeing what it was that made the Judge’s decision fall on the opposite side of the line to the professionals when the decision is said to be “finely balanced” and “on a knife edge”.’

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Transparency Project, 7th September 2021

Source: www.transparencyproject.org.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

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Family Law, 12th August 2021

Source: www.familylaw.co.uk

Court of Appeal calls for fresh attention to fundamental principles of good case management in care proceedings as workload grows – Local Government Lawyer

Posted August 12th, 2021 in appeals, care orders, case management, family courts, news by sally

‘The desired shift in professional practice in care proceedings can be achieved by paying fresh attention to the fundamental principles of good case management, the Court of Appeal has stressed in two cases appealed from the Family Court at Leeds.’

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Local Government Lawyer, 12th August 2021

Source: www.localgovernmentlawyer.co.uk

The resolutions approach: misunderstood and under-used – Family Law Week

‘Patrick Gilmore, barrister of Deans Court Chambers, describes how the resolutions approach might assist cases in which a parent denies the harm caused to a child.’

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Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk

Rebalancing the Family Justice System – Family Law Week

Posted August 11th, 2021 in child abuse, children, domestic violence, families, family courts, news by tracey

‘Syvil Lloyd Morris, Solicitor Advocate and co-founder of Bastian Lloyd Morris, challenges three precepts of the Family Justice System.’

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Family Law Week, 10th August 2021

Source: www.familylawweek.co.uk