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12 September 2013
Issue: 7575 / Categories: Case law , Family
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Family

Re J (A Child) (contra mundum injunction) [2013] EWHC 2694 (Fam), [2013] All ER (D) 45 (Sep)

The court had the power both to relax and add to the “automatic restraints” on the publication of information relating to proceedings under the Children Act 1989 found in s 97 of the 1989 Act and s 12 of the Administration of Justice Act 1960. In exercising that jurisdiction the court had to conduct the balancing exercise described in the authorities. Although the court might, by an appropriate injunction, extend the anonymity of the child beyond the point at which s 97 of the Act ceased to have effect, the authorities expressed doubt as to the likely need for specific orders protecting a child’s identity beyond the conclusion of the proceedings. Further, while it might likewise afford anonymity to other participants in the process, for example, a local authority, it was established principle that such injunctions would not readily be granted. More generally, there was a compelling need for transparency in the family justice system as a matter of both principle and

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42BR Barristers—4 Brick Court

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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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