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

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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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