header-logo header-logo

Rules of disclosure

19 February 2010 / David Lock
Issue: 7405 / Categories: Features , Family
printer mail-detail

David Lock examines the effect on confidentiality in care proceedings following the judgment in Ward

The number of child protection proceedings has risen sharply in the light of the Baby Peter case. At the same time there have been increased calls for greater transparency in family proceedings and demands from parents and others to be allowed to speak about events behind the closed doors of the family courts. However both the rules and the general understanding of the rules by the medical and legal professions has to date made it very difficult for those caught up in family proceedings to explain what has gone on behind closed doors.

However there is a wind of change in the air. In Ward [2010] EWCH 16 (Fam), which was one of his last judgments before assuming his role as chairman of the Law Commission, Lord Justice Munby has rewritten the rules around the confidentiality of family proceedings and used the European Convention on Human Rights to open the way for much greater disclosure of the inner workings of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

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
back-to-top-scroll