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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

Haynes Boone—Jeremy Cross

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Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

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Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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