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30 November 2012
Issue: 7540 / Categories: Case law , Law digest , In Court
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Family

Re X and Y (children) (executive summary of serious case review: reporting restrictions) [2012] EWCA Civ 1500, [2012] All ER (D) 213 (Nov)

The statutory regime in Wales governing the restriction of publication of material likely to lead to the identification of children following criminal proceedings in which a parent of the children was convicted of a serious offence relating to one of the children’s siblings comprised the Children Act 2004 and the Local Safeguarding Children Boards (Wales) Regulations 2006 (SI 2006/1705). That regime recognised the need to balance the various Art 8 and Art 10 rights in play, and indicated that the balance was to be struck by publishing an executive summary appropriately anonymised. The statutory scheme was plainly Convention compliant and carefully crafted to accommodate the Strasbourg “balancing exercise”. In each individual case, careful thought would need to be given to the identities of those who required anonymisation, and the degree of anonymisation required. The statutory scheme contemplated, and compliance with the Convention required, that what was published had to be anonymised to such an extent

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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