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13 May 2022 / David Burrows
Issue: 7978 / Categories: Opinion , Family , Media
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Open justice & privacy

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In the first of two articles from the barricades, David Burrows reflects on the uneasy relationship between privacy, anonymity & transparency
  • The open justice principle in light of Mr Justice Mostyn’s recent decision in Xanthopoulos v Rakshina, in which he refused a party’s application for privacy, citing the importance of transparency.

A short series of ‘judgments’ over the past few months have seen the Family Division judge Mr Justice Mostyn dramatically turn poacher from his former prominent gamekeeper role, on the subject of open justice—especially anonymity—in matrimonial family proceedings. Suddenly a devoted apostle of privacy converts to open justice almost ad lib. A number of important legal principles—going beyond open justice—are engaged by these cases, including:

1) What is open justice (what many family lawyers euphemistically call ‘transparency’)?

2) To what extent may a judge differ from earlier judgments on the same subject; and even, in Mostyn J’s case, to change his own mind?

3) To what extent is a ‘judgment’ a definition of the law where the judge does

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Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
In this week’s NLJ, Fred Philpott, Gough Square Chambers, invites us to imagine there was no statutory limitation. What would that world be like?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
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