Henry Hood and Anna Roiser discuss the transparency reporting pilot for financial remedy proceedings in eprivateclient

Henry and Anna’s article was published in eprivateclient, 9 February 2024, and can be seen here.

Henry Hood, Senior Partner and Anna Roiser, Senior Knowledge Lawyer in our Family & Relationships department, examine the implications of the new Transparency Reporting Pilot launched on 29 January 2024.

This pilot marks a significant shift in how financial proceedings on divorce are reported, allowing accredited journalists and legal bloggers to attend hearings and access key documents, provided the parties remain anonymised. The initiative follows calls from the President of the Family Division, Sir Andrew McFarlane, for greater transparency in the Family Court to rebuild public trust in a system often criticised for its secrecy.

The pilot is currently being trialled in the Central Family Court in London and the Family Courts in Birmingham and Leeds. Reporters can now view position statements and composite case summaries, offering insight into the issues at stake and the legal costs incurred. While identifying information remains protected, there is concern that those familiar with the parties may still be able to deduce their identities. The inclusion of party names on court lists also raises the likelihood of press interest in high-profile cases, although judges retain discretion to impose further reporting restrictions where justified.

Henry and Anna note that while some individuals may welcome the opportunity to share their experiences, others may find the presence of reporters deeply uncomfortable, particularly given the sensitive financial and personal matters discussed in court. This could lead to a rise in alternative dispute resolution methods such as arbitration or mediation, which offer greater privacy but require mutual agreement between spouses.

Despite concerns that media coverage may focus on sensational details, the pilot has the potential to enhance public understanding of how financial settlements are determined in divorce cases. If implemented responsibly, it could shed light on issues such as judicial decision-making, systemic delays, and the lived experience of court users ultimately contributing to a more informed and transparent family justice system.

Read the full article on the eprivateclient website [external link].