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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 Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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