About time too…
The title of this post relates not to the shockingly long interregnum since my last, but to the news in today (via Jaime Craig, psychologist and member of the Family Justice Council) that the long heralded adjustments to the FPRrelating to the instruction of appropriate psychological experts, have been approved and are about to come into force.
There are a couple of important points of detail to note from the SI that brings these into being:
- Firstly, they come into force on 20 July, but ONLY for cases commenced after this date. So there will (should) be no messing around trying to unpick directions and instructions approved in existing cases. Pragmatically, that seems sensible in order to avoid a deluge of additional work. As a matter of principle I’m less convinced. But as any fule know: pragmatism and principle co-exist with increasing difficulty in the resource-starved family court.
- Secondly, the adjustments don’t just relate to psychological experts but they are carefully worded so as to avoid accidentally outlawing other sorts of expert witness (for example ‘technical’ experts, such as those relating to digital forensics, dna, hair strand testing and the like.
- Thirdly, they are not an outright ban on unregulated experts – but they are as close as one can get without saying ‘never say never’. There are important safeguards around the potential exception to the rule – an unregulated expert may ONLY be instructed where there is NO regulated one available or the delay caused by waiting for one to be found/available would be contrary to the welfare of the child. AND, any judge making such a decision must record written reasons for such a decision, including what attempts have been made to identify a compliant expert, AND the basis upon which it is said that the unregulated expert does or will meet the general standards set out in PD25B. I imagine someone, somewhere will have a try to get past these hurdles, but they are likely to be sufficient warning signs to persuade most to turn back.
- Finally, and slightly off topic, within the SI there is a weird amendment relating to communication of information from Financial Remedy proceedings, which is either entirely pointless or delightfully, pedantically, technical, depending on your perspective. New 9.47 explicitly enablesthe creation of PD9B (which already exists and is referred to in FPR 9.46). The only purpose I can think of for this amendment is that 9.46 is an expression of what the Rules Committee have done by way of PD, but does not explicitly set out the power to have done it.
Whilst cross checking that last point about FPR 9.46 and 9.47 I noticed that some parts of the FPR which are accessible at Justice.gov.uk are now showing as Archived in 2021, under a National Archives banner (which suggests they are not being maintained). Although I’d not noticed this before since all the pages I’ve been referring to seem to have been updated since 2021 (eg PD12R), it seems likely this has been the case since 2021, which is around the time that this resource was unceremoniously withdrawn, before the then minister responded to our vociferous complaints and reinstated it whilst an alternative was (allegedly) being developed on gov.uk. That it should (again) be unclear whether the only free public access source of the rules which govern family proceedings (which many litigants in person will need to have access to, and which presumably the AI they are now all consulting draw their ‘knowledge’ from), is or is not up to date and accurate – is all a bit unsatisfactory…I’ve seen neither hide nor hair of the proposed replacement on gov.uk. Whilst we lawyers can (if we are able and willing to fork out a grand or so) consult the red book, this does not assist litigants in person or the public in general. Trying to work out what procedure rules say by tracking back through unconsolidated SIs is time consuming and fraught with the risk of mistake, and for a non-lawyer practically impossible. Whilst ministers are busy tasking civil servants with the development of tools to divert as many litigants from court as is humanly possible (a good thing), what about access to justice for those who cannot be diverted or who are dragged to court at the behest of another, who will not be deterred?
Wading through the Grey Goo
Prince Charles (as he then was) once popularised the phrase 'grey goo' (Explained and Americanised by Wikipedia as 'gray goo'). He wasn't actually talking about AI but about nanobots. AI was merely a twinkle in a tech-bro's eye at that point, but it sometimes it feels apt to describe the waves of samey AI junk we are all wading through, like so much verbal treacle. A colleague sent me this interesting looking article on the increasing use of AI in US Courts by pro se litigants (that's litigants in person or people without lawyers to UK lawyers and normal humans respectively): Access to Justice in the Age of AI:Evidence from U.S. Federal Courts I confess, because screens, the internet and social media have rotted my brain and destroyed my concentration span*, I haven't read it in full, but it is on my 'read it properly soon' reading list, and it chimes with what I think we are all seeing on the ground in our own practices over here. The immediate response from colleagues who were cc'd...
What even IS Pink Tape?
Every time I have to explain to a youthful colleague what something now defunct was and how it used to work, I feel a little bit older... This week I thought someone was mistakenly evangelical about the new marketing idea that is corners. (corners being the little cleverly die cut pieces of card, showing a chambers' logo that one used to wrap around the corner of a skeleton argument before stapling, to make it look *mwah* and tip top!). As it turned out, in fact the image they had shared was of a digital corner on a digital document, which was rather a cute idea. Shoulda worn my varifocals... But just as I was mentally dummy slapping myself for that misunderstanding, there came a comment about pink tape (the thing not the blog). Which really has now fallen out of use entirely (covid being the death knell). When I started this blog in 2007 pink tape was still a recognisable thing which had meaning, at least to the lawyers who read this blog, if not necessarily all the non-lawyers. But...
QLRs – what do the published judgments tell us?
Since judgments arising from the Family Court are not routinely published, what we see in them isn't necessarily representative of patterns within the Family Court as a whole. But they are one useful source of at least some information about how the QLR system is operating on the ground, and give us a sense of the sorts of issues and themes to look out for. In truth, it isn't easy to identify another source of information about how its going (though some well targeted FOI requests might assist). I searched TNA Caselaw archive for judgments in the Family Court, Family Division or Court of Appeal (Civil Division) containing the keyword 'QLR'. There were 35 matching judgments published in 2025 or 2026 (to date), spanning 34 cases (in one case there was a fact finding judgment and a welfare judgment - I treat those together). I have made a table of those judgments at the end of this post. 26 of the cases were about children and 8 were financial remedy or divorce cases. The judgments were...
We have survived January! Rejoice!
It really was a loooong month, wasn't it? Death, storms, and the general dank gloom that comes with this time of year. We escaped actual flooding or storm damage here, but it's not far from us. Quite apart from the weather though, the flow of urgent tasks has been pretty relentless, there is always a remote meeting in the day's forecast, and my days have been filled with the usual grim reading material. And my inbox...well the floodwater there has been pretty biblical. I've done a month now as FLBA Vice Chair (one reason for the rising tide of emails). It's been an eye opener. There is so much work to do, at this toughest of times for the family bar. Lots of my friends and colleagues are desperate for the resumption of legal aid payments but extremely worried about recoupments of the contingency payments. The mood is as dank as the weather. There is talk of people leaving the bar altogether, people who have just had enough, who feel unheard and disrespected, Please keep an eye on...
What’s the difference between a barrister and a solicitor (version 2.0)
in August 2007 right at the start of Pink Tape, I wrote a post called 'What's the difference between a barrister and a solicitor?' Although that post is almost 20 years old it remains one of the all time most visited pages on this blog. Surprisingly, it remains more or less accurate (though it has a surprising number of typos and missed capitals), and it appears that it remains as needed as ever - a recent post on LinkedIn described continuing misinformation that perpetuate the idea of barristers being better or higher than solicitors. That prompted me to take another look at my old post. I thought that I'd just give the 2007 post a bit of spit and polish, to make sure it is applicable to 2026. So here goes... (if you want to read the original post you can read that here). You will notice that I didn't mention legal executives in my original post, I think because I was trying to keep things simple. But it seems important to add them in to this updated version, because they are one of...
About this blog
“Pink Tape” isn’t just about family law. I post about topics that interest me, which mostly revolve around family law, but also include non-legal family-related topics as well as unrelated subjects. I hope this blog will convince at least one person that not all of us in the legal profession are money-hungry sharks. Some of us are actually quite nice. Additionally, I aim to provide useful information about family law for those working in the field without being too heavy or boring.
The primary goal of the blog is to improve the quality of public information and discussions about legal issues.
I understand that not everyone is a fan of “Pink Tape” or family lawyers in general.
latest
Blog Posts
About time too…
The title of this post relates not to the shockingly long interregnum since my last, but to the news in today (via Jaime Craig, psychologist and member of the Family Justice Council) that the long heralded adjustments to the FPR relating to the instruction of...
Wading through the Grey Goo
Prince Charles (as he then was) once popularised the phrase 'grey goo' (Explained and Americanised by Wikipedia as 'gray goo'). He wasn't actually talking about AI but about nanobots. AI was merely a twinkle in a tech-bro's eye at that point, but it sometimes it feels...
What even IS Pink Tape?
Every time I have to explain to a youthful colleague what something now defunct was and how it used to work, I feel a little bit older... This week I thought someone was mistakenly evangelical about the new marketing idea that is corners. (corners being the little...
QLRs – what do the published judgments tell us?
Since judgments arising from the Family Court are not routinely published, what we see in them isn't necessarily representative of patterns within the Family Court as a whole. But they are one useful source of at least some information about how the QLR system is...
We have survived January! Rejoice!
It really was a loooong month, wasn't it? Death, storms, and the general dank gloom that comes with this time of year. We escaped actual flooding or storm damage here, but it's not far from us. Quite apart from the weather though, the flow of urgent tasks has been...
What’s the difference between a barrister and a solicitor (version 2.0)
in August 2007 right at the start of Pink Tape, I wrote a post called 'What's the difference between a barrister and a solicitor?' Although that post is almost 20 years old it remains one of the all time most visited pages on this blog. Surprisingly, it remains more...
R.I.P. Sir James
The news broke this week that Sir James Munby, towering figure in family justice, died suddenly on New Year's Day. I have been thinking since about what to say here about him. He was often the subject of posts on Pink Tape, right the way back to its inception before...
End of an era?
I'm away at the moment, trying to decompress after another year that can be best described as a mixed bag. Some joy, some loss, much hard work. But as the clock strikes midnight at the end of 2025 I will shed one hat and put on another. I will stop being the Chair of...
When it’s all TMI
I had plans this week. To finish my VAT return early, tie up all my loose ends and publish a stellar post on Pink Tape to see out 2025 with. But I was waylaid. Partly by some lurgis, which I have finally vanquished, and partly due to a troublesome phone download. So...
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