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Family

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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