Posts

Justice on the altar
A couple of weeks back, the President of the Family Division quite sensibly decided that he needed to take stock of how things were working out, now that the Family Court is conducting many hearings by remote means, whether by phone or video. To that end the Family...

Publication and correction of judgments – official and unofficial sources
Who is responsible for publishing the official approved version of judgments of the courts? Where should we look to find the latest, in some cases corrected, version of a court judgment? These are not new questions, but the sudden swerve to virtual justice has thrown...

Re Z – transparency and participation in the Court of Protection
A judgment published this week on BAILII, Re Z, also, Oxford University Hospitals NHS Foundation Trust v Z (by her litigation friend, the Official Solicitor) [2020] EWCOP 20 , is notable on two counts. First, that the case is described by the judge, Knowles J, as...

Remote hearings and inclusive justice
How effectively are people with a cognitive impairment, mental health condition and/or neuro-diverse condition able to participate in proceedings in the justice system, particularly when they engage with that system via video or telephone link? That is the focus of an...
![P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice?](https://transparencyproject.org.uk/wp-content/uploads/PFD-Sir-Andrew-McFarlane-300x291-1.jpg)
P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32: When is remote justice not justice?
Re P (A Child: Remote Hearing) (Rev 3) [2020] EWFC 32 is a decision of the President of the Family Division and Head of Family Justice, Sir Andrew McFarlane, about whether or not a 15 day trial should go ahead remotely. The trial was set down within care proceedings...
Transparency Project News February 2020
This blog post originally appeared as the Transparency Project’s monthly column in Family Law for February 2020 at Family [2020] Fam Law 265. Transparency Templates The President has published some new 'Transparency Templates', which are draft orders for use in High...

Socially distanced courts for the digitally excluded
We have heard a lot about how the courts are responding to the coronavirus pandemic by conducting hearings online instead of in a physical court room. But while hearings by Skype and Zoom enable participants to maintain social distancing and avoid the risks of...

Desperately seeking guidance…
News reaches us of a document from the Lord Chief Justice, The President of the Family Division and The Master of the Rolls (a trio of 'Top Judges') that was circulated to Circuit and District Judges before the weekend, but which has now begun to be distributed...

Family Court Reporting Watch Roundup
Welcome to this month's Roundup, where we correct, clarify and comment on media reports of family court cases, explain and comment on published family court judgments and highlight other transparency news MEDIA COVERAGE OF FAMILY COURT MATTERS Many mainstream news...

Coronacontact- what about the children in care?
In the past few weeks, life as we know it has changed beyond recognition. I was struck by the words of Mr Justice Hayden in BP v Surrey CC and RP [2020] EWCOP 17 : “It strikes me as redundant of any contrary argument that we are facing "a public emergency" which is...