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29 September 2023 / David Burrows
Issue: 8042 / Categories: Features , Family , Divorce
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Anonymisation of parties to family proceedings

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In the first of two articles on anonymisation in family proceedings, David Burrows considers what is meant by judicial comity across all courts
  • Comity is part of the common law’s object to retain certainty in operation of the law and to retain the fairness of such a system.

This series of two articles is written, in particular, in the light of recent judgments on anonymisation in family proceedings. In Tsvetkov v Khayrova [2023] EWFC 130, [2023] All ER (D) 61 (Aug) Peel J refused anonymisation with the comment that: ‘[111] I am conscious that in making some comments on [anonymity] I am treading on ground which is not entirely solid, as a result of a number of judgments—of Mostyn J which have cast doubt upon the long established practice pursuant to which the starting point (and usually the end point) has been that financial remedy proceedings are not reportable, save with permission of the court.’ Judgments are mostly anonymised, he said.

With respect to Peel J, it should

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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