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Open justice, privacy & family proceedings in 2022: Pt 2

03 June 2022 / David Burrows
Issue: 7981 / Categories: Features
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Time to steady the law on privacy & anonymity in family proceedings? David Burrows makes the case
  • The hierarchical system of precedent and stare decisis.
  • The rationes of Mr Justice Mostyn’s previous decisions regarding the privacy position in family cases.
  • The need to take account of all relevant aspects to privacy of the CPR 39 and FPR 2010 as representing a codification of the common law.

A short series of judgments over the past few months have seen Mr Justice Mostyn recant former views on privacy in family proceedings and—especially on anonymity—to alter his previous position as a judge. The most recent of these cases is Xanthopoulos v Rakshina [2022] EWFC 30 (X).

Part 1 of this two-part series asserted that open justice comprises four main elements:

(1) Is the court open for general purposes, as is the case with most criminal and civil proceedings?

(2) What documents can be released to non-parties (eg the press) before a hearing (eg pleadings, skeleton arguments)?

(3) What

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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