Watchdog or wolf in sheep’s clothing?

There is currently turmoil in the family courts as far as the issue of publicity and the press in private family law proceedings is concerned, specifically financial remedy proceedings. A careful balancing exercise must be drawn between the right to privacy (in line with Art 8 of the Human Rights Act 1988) and open justice (in line with the right to freedom of expression under Art 10) while understanding the need for transparency.

Prior to 2009, financial remedy hearings were held in private and only the parties or their representatives were allowed to attend. However, in April 2009, legislation introduced new rules which are set out in the Family Procedure Rules 2010. Rule 27.11 allows for accredited media representatives (but not members of the general public) to attend specified family proceedings, albeit the court has the power to direct their exclusion and anyone entitled to be present at the hearing may request their exclusion.

The change was largely brought about by pleas from