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08 February 2013 / David Burrows
Issue: 7547 / Categories: Features , Child law , Family
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In the public interest?

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Should vulnerable people who provide information on alleged abuse be entitled to public interest immunity? David Burrows investigates

In Re A (A Child) [2012] UKSC 60 (heard as Re J (A Child: Disclosure) (Rev 1) [2012] EWCA Civ 1204 in the Court of Appeal in September) the Supreme Court was called upon to balance the interests of justice against, or alongside, the welfare of a child. In so doing, the welfare of the child concerned seems to have been connoted entirely with justice (“the interests of that little girl…in having an allegation properly investigated and tested” (para [1])) rather than in the abstract: the public interest in ensuring that those with information about abuse of children come forward (per D v National Society for the Prevention of Cruelty to Children [1978] AC 171). A chance to reassert the public interest immunity established in that case, in slightly different circumstances, not attempted by the Court of Appeal, was not taken by the Supreme Court either.

The court made relatively short work of dismissing

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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