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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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MOVERS & SHAKERS

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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