header-logo header-logo

Family proceedings

26 May 2011
Issue: 7467 / Categories: Case law , Law digest
printer mail-detail

Re X, Y and Z (children) (anonymity: identity of expert) [2011] EWHC 1157 (Fam), [2011] All ER (D) 143 (May)

In order to exercise the “restraint” jurisdiction to prevent an expert’s identity the expert had to show a convincing case for an injunction or, he had to show a compelling social need for a judge’s interference with the Art 10 Convention rights of the media. It was not for the family court, by controlling the information it allowed to be disseminated, to seek to control the disciplinary procedures. If there was a problem it was a problem to be solved by others—by the General Medical Council, by the medical profession, by Parliament—not by the family court controlling the information it allowed to be disseminated or the form in which it allowed such information to be disseminated.

It would be appropriate for every tribunal, when making what it believed to be a final order in proceedings under the Children Act 1989, to consider whether or not there was an outstanding welfare issue which needed to be addressed by a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll