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03 June 2022 / David Burrows
Issue: 7981 / Categories: Features
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Open justice, privacy & family proceedings in 2022: Pt 2

83594
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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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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