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press summaries of its judgments
Local Authority 1 (“LA1”) & Ors v AF (Mother) & Ors [2014] EWHC 2042 (Fam) (20 June 2014) K (Children) [2014] EWCA Civ 1195 (02 September 2014)
The summaries seem to cover the same purpose as the reports in the proto-manifesto and the comments on it. Judicial summaries would provide a comprehensive solution but as you note clarity may still be missing (I agree with your comments about the official UKSC summaries). For lawyers, Westlaw type headnotes can also summarise but again are not always clear to the less experienced reader (it is not unknown, in the case of short judgments, for the judgment to be an easier to be an easier read, given the inevitable constraints in the headnote). Extending the reference to the UKSC, many cases are also reported on via blogs such as UKSCBlog.com and UKHumanRightsBlog.com (e.g. Rosalind English’s laudedly clear note on Hounga http://ukhumanrightsblog.com/2014/08/27/victim-of-trafficking-can-claim-compensation-despite-illegal-entry-to-uk/). Such summaries post judgment (if not local press style during the case) could ease the pressure on the judiciary – but there comes a question of how to support it.
This may well already have been considered but it struck me as a possibility. One of the aims outlined in the Aug 16 post is to ‘The aim of the project is to shed some light on the workings of the Family Courts, to make the process and the cases understandable for people without law degrees.’ If this could be met through a project of a defined length to provide exemplars (which could then develop but outside the funding model), then it may be worth seeking funding from e.g. Nuffield. Nuffield’s Law and Society programme includes Transparency and accountability and Access to justice with the potential to lead to institutional change. While they won’t fund continuous expenditure, if the above was, say, a two year programme to provide a resource then it wouldn’t be continuous (even if the project continued) and could fuel wider institutional change if it was in the form of a (further) piloted exception to the usual rules which could lead to wider openness (although that may be less likely in the post-judgment report way of doing this but, given some thought, there may be some institutional effects that could arise).
Just an idea.
Thanks JH. That is really useful. We are going to have to work up our defined projects and proposals – and funding is one of the things we need to look at to make this sustainable, or at any rate to maintain momentum until established. I think that there is a distinction between summaries written by the judiciary of their own cases and material written that places the judgment in context and explains basic terminology or concepts.
I applaud any attempt to make a judgement more accessible to those who have to read it, but I am not sure that simplifying the judgement itself works. The best route would appear to be a summary at the beginning or end written in simplified English. Even the case for which there is a link incorporates more complex language than usual within it , or complex concepts – i.e. use of the word permanently, rather than forever. Someone with an IQ of 59 would not understand that term. In cases involving those with learning disabilities, judges could (with assistance) provide much more simplified words , probably with pictures as reinforcement, but that would take a lot of time and would need expert advice. The entire terminology of the law and the concepts behind it also require explanation if there is to be true transparency. That is a hard and onerous task, given that such terminology is used as a shorthand to incorporate a variety of concepts which can be difficult to unpack.