header-logo header-logo

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

Rules of disclosure

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

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll