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Open justice & privacy

13 May 2022 / David Burrows
Issue: 7978 / Categories: Opinion , Family , Media
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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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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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