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03 November 2023 / David Burrows
Issue: 8047 / Categories: Features , Family
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Anonymisation of parties to family proceedings (Pt 2)

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In his second article on anonymisation in family proceedings, David Burrows considers what, in law, does anonymisation mean?
  • The decision whether to grant anonymity is not a matter of discretion. It is a matter of weighing up and balancing the competing Convention rights.

Part 1 of this two-part series looked at the need for certainty in law on the subject of anonymity, and for comity between judges on this—as in any other—subject. Family Division judges are not succeeding in this question of comity (especially in the case of the recently retired Holman and Mostyn JJ). And there is no Court of Appeal direction nor any guidance from the President of the Family Division on anonymity.

This article asks what in law does ‘anonymisation’ mean? It is a subject which crops up across all forms of English and Welsh court proceedings. It engages principles of privacy as defined and understood in the light of European Convention 1950 especially, Arts 8 (right to respect for private life) and 10 (press freedom).

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NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
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