Payne Hicks Beach

Payne Hicks Beach

02 November 2021

Sweeping transparency reforms proposed in family courts

Comments by Emily Foy, Senior Associate in the Family department, on the proposed changes to transparency in the family courts, have been published by eprivateclient on 1 November,  Solicitors Journal online on 2 November and New Law Journal on 3 November 2021 and are reproduced with kind permission.

In response to the proposals from the president of the Family Division, Sir Andrew Macfarlane for sweeping changes to transparency in the family courts after the Transparency Review Emily voiced some of the mixed reviews from the profession "For too long the family court has operated behind a veil of secrecy which causes mistrust and fear." and added that enhanced transparency "is long overdue and must be embraced."   She also highlighted the importance that "The understandable and entirely proper desire for openness must not be allowed to free fall into a new reality where all parties consider themselves to be journalists" alerting to the danger that this might rewrite "the carefully woven narrative of the judiciary." before concluding that it will be "incumbent on judges, practitioners, press and those otherwise implementing the rules to ensure that justice is still done, as well as now being seen to be done."

https://www.paminsight.com/epc/article/family-lawyers-raise-concerns-about-new-transparency-proposals

https://www.solicitorsjournal.com/sjarticle/Sweeping%20transparency%20reforms%20proposed%20for%20the%20family%20courts

https://www.newlawjournal.co.uk/content/family-courts-transparency-fears

Emily is an experienced family solicitor, specialising in high net worth financial settlements, particularly those with an international element and has a growing practice in the particular legal complexities faced by the modern family.

For further information, please contact Emily Foy by email or your usual contact in the Family Department or, alternatively, telephone on 020 7465 4300.

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This publication is not intended to provide a comprehensive statement of the law and does not constitute legal advice and should not be considered as such. It is intended to highlight some issues current at the date of its preparation. Specific advice should always be taken in order to take account of individual circumstances and no person reading this article is regarded as a client of this firm in respect of any of its contents.

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