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In the public interest?

08 February 2013 / David Burrows
Issue: 7547 / Categories: Features , Child law , Family
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
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Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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