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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

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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
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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