header-logo header-logo

20 May 2020 / David Burrows
Issue: 7887 / Categories: Features , Family
printer mail-detail

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

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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll