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20 May 2020 / David Burrows
Issue: 7887 / Categories: Features , Family
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Transparency: striking a balance

21107
A sheikh, two wards & their mother: David Burrows analyses a case which pits freedom of expression against a respect for family life
  • When may publicity be provided for children and families in contested family hearings?
  • What human rights balance—freedom of expression against respect for family life— applies in wardship cases?
  • What principles apply on appeals against a judge’s focus on the European Convention on Human Rights balance decisions?

In the dramatic—but inscrutably named—Al M (Publication) [2020] EWHC 122 (Fam) (27 January 2020), Sir Andrew McFarlane P has stamped his mark on his role as head of family courts in England and Wales. The case is otherwise known, as can be seen from its Court of Appeal published heading (Al M (Children) [2020] EWCA Civ 283 (28 February 2020), [2020] All ER (D) 70 (Mar)) as Sheikh Mohammed bin Rashid Al Maktoum v Princess Haya bint Al Hussein. Meanwhile, in another essential component of his job Sir Andrew (appointed in October 2018) has put out a

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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