Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission

‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’

Full story

Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

Comments Off

Reporting Restrictions and the New Transparency – Part 2 – Family Law Week

‘In the second part of her article reviewing reporting restriction orders and the new transparency Mary Lazarus, barrister of 42 Bedford Row, considers those cases involving aggrieved parties and cases with international implications.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

Comments Off

Reporting Restrictions and the New Transparency – Part 1 – Family Law Week

‘This is the first part of a three-part article by Mary Lazarus, barrister of 42 Bedford Row, reviewing recent developments concerning reporting restriction orders and transparency in the family courts. In this first part Mary considers some procedural issues before concentrating on those cases involving clashes between the need for privacy and the desire to report issues of genuine public interest.’

Full story

Family Law Week, 27th February 2014

Source: www.familylawweek.co.uk

Comments Off

Court of Protection Update – Family Law Week

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

Full story

Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

Comments Off

Pulling back the curtain of privacy in family and Court of Protection proceedings – Halsbury’s Law Exchange

‘New guidance on transparency in proceedings has been published by the President of the Family Division and of the Court of Protection, Sir James Munby.’

Full story

Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

Comments Off

In re E (A Child) – WLR Daily

In re E (A Child) [2014] EWHC 6 (Fam); [2014] WLR (D) 10

‘In any care or other public law case with a European dimension good practice would now require the court to set out explicitly the basis upon which it had either accepted or rejected jurisdiction and to identify the precise basis upon which it had proceeded. Furthermore, in cases involving foreign nationals there had to be transparency and openness as between the English family courts and the consular and other authorities of the relevant foreign state.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

Comments Off

Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

Full story

The Guardian, 16th January 2014

Source: www.guardian.co.uk

Comments Off

Reporting restrictions at courts martial: the need for a structured approach – UK Human Rights Blog

Posted January 9th, 2014 in courts martial, news, reporting restrictions by sally

‘On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. The charges against two of them were later dropped but the three remaining marines were tried for murder before the Court Martial. On 8 November 2013, Soldier A was found guilty of murder.’

Full story

UK Human Rights Blog, 8th January 2014

Source: www.ukhumanrightsblog.com

Comments Off

Anonymity Part 2: Child personal injury cases – UK Human Rights Blog

Posted December 19th, 2013 in anonymity, children, news, personal injuries, reporting restrictions by tracey

‘JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB). In Part 1 on this subject, I discussed medical confidentiality and/or legal restrictions designed to protect the privacy of a mother and child. This case raises the question in a slightly different guise, namely whether the court should make an order that the claimant be identified by letters of the alphabet, and whether there should be other derogations from open justice in the guise of an anonymity order, in a claim for personal injuries by a child or protected party which comes before the court for the approval of a settlement.’

Full story

UK Human Rights Blog, 19th December 2013

Source: www.ukhumanrightsblog.com

Comments Off

Jurors who search web during cases could be jailed under new proposals – The Guardian

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Comments Off

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by tracey

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

Comments Off

Court of Appeal refuses anonymity for offender – UK Human Rights Blog

“Only ‘clear and cogent evidence’ that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family.”

Full story

UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

Comments Off

More transparency for Court of Protection – Daily Telegraph

Posted October 18th, 2013 in Court of Protection, disclosure, news, reporting restrictions by tracey

“The Court of Protection could be opened up to the public and media in the future, one of the country’s most senior judges said.”

Full story

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Comments Off

Top judge calls for more Court of Protection cases to be made public – The Independent

Posted September 20th, 2013 in Court of Protection, judges, news, reporting restrictions by sally

“A leading judge has called for more cases in the Court of Protection to be made public.”

Full story

The Independent, 19th September 2013

Source: www.independent.co.uk

Comments Off

Judge rejects ban on naming and shaming social workers – Daily Telegraph

Posted September 6th, 2013 in anonymity, injunctions, news, reporting restrictions, social services by tracey

“The most senior family judge in England and Wales has rejected a legal bid to ban the naming and shaming of social workers in a controversial case which saw a baby taken from his parents against their will.”

Full story

Daily Telegraph, 5th September 2013

Source: www.telegraph.co.uk

Comments Off

Greater Transparency in the Family Courts – New Draft Guidance – RPC Privacy Law

Posted September 5th, 2013 in consultations, family courts, law reports, news, reporting restrictions by sally

“Proposed new guidance recommends that decisions of the family courts should always be published, unless there are compelling reasons against publication. Sir James Munby, President of the Family Division of the High Court, has issued the proposed judiciary guidance to facilitate the ‘need for greater transparency’ in the family courts.”

Full story

RPC Privacy Law, 4th September 2013

Source: www.rpc.co.uk

Comments Off

High Court upholds autonomy over fatherhood for learning disabled man – UK Human Rights Blog

“For the first time a UK court has permitted non therapeutic sterilisation of a male individual who, through learning disabilities, was unable to consent to such a procedure.”

Full story

UK Human Rights Blog, 20th August 2013

Source: www.ukhumanrightsblog.com

Comments Off

NHS Trust in court battle to sterilise disabled man – Daily Telegraph

“An NHS trust is fighting a court battle to sterilise a man with moderate learning difficulties.”

Full story

Daily Telegraph, 30th July 2013

Source: www.telegraph.co.uk

Comments Off

Sir Mark Hedley: The judge who opened the doors to Britain’s most secretive court – The Independent

“Sir Mark Hedley decided that the public should know about the judiciary’s highly sensitive rulings. He tells Emily Dugan why.”

Full story

The Independent, 16th June 2013

Source: www.independent.co.uk

Comments Off

In re ITN News and others – WLR Daily

Posted May 23rd, 2013 in appeals, jurisdiction, law reports, media, reporting restrictions, witnesses by sally

In re ITN News and others [2013] EWCA Crim 773; [2013] WLR (D) 187

“The Court of Appeal (Criminal Division) had jurisdiction under section 159 of the Criminal Justice Act 1988 to entertain an appeal against an order under section 46 of the Youth Justice and Criminal Evidence Act 1999 prohibiting the reporting of any matter relating to a witness, even where the court was not otherwise concerned with any proceedings between the defendant at trial and the Crown or any issue arising from it.”

WLR Daily, 21st May 2013

Source: www.iclr.co.uk

Comments Off