Since February 2014, new rules have overturned previous restrictions on reporting judgments in family law cases and some Family Court Judges now opt to sit in completely open court. Couples applying for reporting restrictions are required to inform the media of their application so that they have the opportunity to contest it.

Unfair terms

Charlotte Leyshon, associate at Hugh James, comments: ‘Some cases are genuinely intractable. If one party is being unreasonable, then their ex-partner may be forced to settle on unfair terms simply to avoid court. In those circumstances, the threat of publicity becomes a weapon in the negotiation. That is surely not what the move towards greater transparency in family cases was intended to achieve.’

Review needed 

‘We have had several attempts to introduce more comprehensive rules to balance the need for transparency with individuals’ legitimate desire for privacy, but we have ended up with patchwork arrangements. It is an area that needs urgent review,’ she added.