Publications by Area of Law


Transparency in the Family Courts – Publicity and Privacy in Practice

Source: Bloomsbury Professional
Barrister: Lucy Reed
Area of Law: Children
Date: 26 April 2018
Summary: Lucy alongside an author team from The Transparency Project have written a book titled ‘Transparency in the Family Courts – Publicity and Privacy in Practice‘, printed by Bloomsbury Professional. The foreword is written by Sir Andrew McFarlane, the incoming President of the Family Division, and is essential reading for family law practitioners in private practice, local authorities and other public bodies, as well as media lawyers, journalists and social workers.

Transparency in the Family Courts Publicity and Privacy in Practice clarifies what transparency means in practice for professionals and families involved in the family courts, and provides guidance on privacy in family law cases and their reporting in the media. This new title provides full coverage of the implications of the 2014 Guidance on publication of judgments and much more.

“With the publication of this work, there will be no need to look elsewhere for an account of the law relating to transparency in family proceedings and this will rapidly become the ‘ go-to ’ book on the subject, not just because it is the only one but because of the comprehensive, clear and insightful nature of its coverage.”
Sir Andrew McFarlane

The team of authors include Julie Doughty, a Lecturer in Law in the School of Law and Politics at Cardiff University, and Paul Magrath, a Barrister with the Incorporated Council of Law Reporting for England and Wales.

  • Order your copy of the book and receive 15% discount here
  • Read the foreword Andrew McFarlane here.

 

Transparency in the Family Courts

Source: Bloomsbury Law Online
Barrister: Lucy Reed
Area of Law: Children
Date: April 2018
Summary: Lucy Reed, recently published an article for Bloomsbury Law Online titled ‘Lucy Reed on Transparency in the Family Courts’. The article looks at why transparency is important and why attempts by local authorities to manage reputations can be counterproductive. In addition to her online publication Lucy has also co-authored a new book ‘Transparency in the Family Courts: Publicity and Privacy in Practice’ which is available from Bloomsbury. She will also be co-presenting a talk on Transparency in Chambers this summer, as part of our free family training session series.

Summary of FE v MR & Ors

Barrister: Asha Pearce-Groves

Area of Law: Children

Source: Family Law Week

Asha Pearce-Groves summarises the recent case of FE v MR & Ors [2017] EWHC 2298 (Fam) for Family Law Week.

View full article: FE v MR & Ors [2017] EWHC 2298 (Fam)

The family court’s jurisdiction to direct the burial of a child: Re K

Barrister: Christopher Sharp QC
Area of Law: Children
Source: Family Law Journal

Date: August 2017
Summary:  Christopher Sharp QC, who is acknowledged by Chambers UK as one of only five star Silks in Family Law in the country,  has written an article for the August edition of the Family Law Journal, reviewing the recent case of Re K (A Child : deceased) [2017] EWHC 1083 (Fam).

Download article: The family court’s jurisdiction to direct the burial of a child: Re K

What do children lawyers need to know about the Court of Protection? [2017] Fam Law 537 – 542

Source: Family Law Journal 
Barrister: Abigail Bond & Iain Large
Area of Law: Children & Court of Protection
Date: May 2017
Summary: Abigail Bond and Iain Large publish an article in this month’s Family Law Journal. The article highlights the issues arising when a local authority in care proceedings seeks to deprive a child of liberty in a manner falling short of secure accommodation, and offers a road map to aid understanding of this complex area.

Download the full article: What do children lawyers need to know about the Court of Protection? [2017] Fam Law 537 – 542

 

The Children Act 1989 at 25

Source: Resolution Review Magazine
Barrister: Abigail Bond
Area of Law: Children
Date: February/March 2017
Summary: It is 25 years since the Children Act 1989 came into force. Abigail celebrates its key principles and addresses some of the controversial changes proposed by the Children and Social Work Bill 2016.

Download the full article: The Children Act 1989 at 25: the use and misuse of the “cardinal principle”

For additional Family news items please click here.

Why are we still waiting for transparency in the family courts? 

Source: The Guardian
Barrister: Lucy Reed
Area of Law: Children
Date: 22nd June 2016
Summary: Two years ago The President of The Family Division issued “transparency” guidance concerning the publication of judgments in the Family Court. Lucy argues that this guidance is not operating as intended and that a lack of resources has frustrated the intentions behind the policy, to increase the publicly available information about the Family Courts and to enhance public understanding and confidence in the system.

View article: Why are we still waiting for transparency in the family courts?

Read full article on Lucy’s blog: Victory on secret courts?

What’s really in the bests interests of children from other European countries involved in care proceedings?

Barrister: Sarah Phillimore
Area of Law:  Children
Source: Family Law Week
Date: 9th May 2016
Summary: Sarah considers the ‘best interests’ test under Article 15 of Brussels IIR in the light of the Supreme Court’s judgment in Re N.

View full article: What’s really in the bests interests of children from other European countries involved in care proceedings

Adoption of Portuguese children found to be in breach of Article 8

Source: Family Law Week
Barrister: Sarah Phillimore
Area of Law:  Children
Date: 30th March 2016
Summary:  Sarah discusses Soares de Melo v Portugal, a significant case in the continuing debate about the rights and wrongs of non consensual adoption. Sarah says “The recent decision of the European Court of Human Rights in this case restates very clearly the positive obligation under Article 8 of the ECHR upon States to keep families together”.

View full article: Adoption of Portuguese children found to be in breach of Article 8

Adoption: A vision for change?

Source: Family Law
Barrister: Sarah Phillimore
Area of Law:  Children
Date: 29th March 2016
Summary:  Sarah writes about the recent policy paper from the Department of Education and its stated need to increase the number of adoption orders made. She sets out her concerns that this risks putting the Government on a collision course with the demands of Article 8 of the ECHR; in particular the positive obligation imposed upon States to support families to stay together.

View full article: Adoption: A vision for change?


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