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19 February 2010 / David Lock
Issue: 7405 / Categories: Features , Family
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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

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Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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