Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange

‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’

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Halsbury’s Law Exchange, 14th August 2014

Source: www.halsburyslawexchange.co.uk

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Should the press be able to report the evidence in a financial remedy case? – Halsbury’s Law Exchange

Posted August 13th, 2014 in divorce, evidence, family courts, media, news, reporting restrictions by sally

‘There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.’

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Halsbury’s Law Exchange, 12th August 2014

Source: www.halsburyslawexchange.co.uk

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The rise of the secret trial: Closed Material Procedures one year on – UK Human Rights Blog

‘Last week Justice Secretary Chris Grayling reported on how often closed material proceedings (CMPs) have been sought under the Justice and Security Act 2013 (JSA), as he is required to do annually under the Act. As the first and only official consolidated presentation of how the new CMP regime is being used, this two-page written ministerial statement warrants close attention.’

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UK Human Rights Blog, 5th August 2014

Source: www.ukhumanrightsblog.com

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UK’s wealthiest divorce case can be reported, judge rules – The Guardian

Posted July 8th, 2014 in anonymity, divorce, news, reporting restrictions by tracey

‘High court rejects move by hedge fund tycoon Christopher Hohn to prevent media from publishing details from hearings.’

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The Guardian, 7th July 2014

Source: www.guardian.co.uk

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Selected journalists to attend secret terror trial – the end of press freedom? – Halsbury’s Law Exchange

Posted June 20th, 2014 in closed material, news, private hearings, reporting restrictions, terrorism by tracey

‘The application to have an entire trial held in secret caused a bit of a stir when news of the application was released earlier this month. The Court of Appeal has now permitted some of the hearing to be heard in public. This will probably be limited to the formalities at the start and end of the trial and parts of the Prosecution Opening.’

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Halsbury’s Law Exchange, 17th June 2014

Source: www.halsburyslawexchange.co.uk

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Secret trials – a threat to justice? – Halsbury’s Law Exchange

Posted June 20th, 2014 in closed material, news, private hearings, reporting restrictions, terrorism by tracey

‘Not since the long gone days of the Star Chamber has a case happened in secret with no reporting of the names of defendants, the charges, or the evidence. Whilst some element of secrecy is common place (see any trial with a youth or a sexual offence in the Crown Court for example) the idea that someone could be arrested, charged and potentially imprisoned without anyone beyond the immediate players knowing about it was anathema to the English lawyer.’

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Halsbury’s Law Exchange, 16th June 2014

Source: www.halsburyslawexchange.co.uk

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New guidelines issued for reporting restrictions in the criminal courts – Judiciary of England and Wales

Posted June 20th, 2014 in courts, criminal justice, press releases, reporting restrictions by tracey

‘A third updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, Newspaper Society, Society of Editors and the Media Lawyers Association.’

Full press release

Judiciary of England and Wales, 16th June 2014

Source: www.judiciary.gov.uk

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Open justice and freedom of information – Browning in the Court of Appeal – Panopticon

‘The issue of just how open our justice system should be is an issue which is or should be of fundamental concern to all practising lawyers. If, as Jeremy Bentham once stated ‘publicity is the very soul of justice’ (cited by Lord Shaw in the leading case of Scott v Scott [1913] AC 477), then an open justice system is the corporeal expression of that soul. However, we now live in times where open justice is increasingly under threat. Indeed, as last week’s headlines reminded us all, matters have now got to a stage where some judges at least have been prepared to allow, not merely the deployment of a limited closed procedure to deal with certain aspects of a case, but a completely secret trial. It no doubt came as a relief to many that the Court of Appeal was not prepared to sanction such a comprehensive departure from the open justice principle: Guardian News v AB CD. However, the mere fact that the judiciary was prepared to contemplate such a procedure shows how far we have come since the days of Scott v Scott.’

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Panopticon, 18th June 2014

Source: www.panopticonblog.com

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The secret trial controversy – how open will this newly opened justice be? – Legal Week

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Legal Week, 16th June 2014

Source: www.legalweek.com

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Secret trial of terror suspects delayed until October – The Guardian

Posted June 17th, 2014 in delay, news, private hearings, reporting restrictions, terrorism, trials by sally

‘The trial of two terrorist suspects, due to be held substantially in secret, has been delayed until October.’

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The Guardian, 16th June 2014

Source: www.guardian.co.uk

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Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

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‘Secret’ terror trial ruling due at Old Bailey – BBC News

‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’

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BBC News, 12th June 2014

Source: www.bbc.co.uk

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Secret terrorism trial runs risk of miscarriage of justice, says Sadiq Khan – The Guardian

‘Plans to hold the criminal trial of two men charged with serious terrorism offences entirely in secret runs the risk of creating a miscarriage of justice that will never be put right, the shadow justice secretary has warned.’

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The Guardian, 5th June 2014

Source: www.guardian.co.uk

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Secret terror trial is threat to open justice, human rights campaigners warn – The Guardian

‘A major criminal trial involving two men charged with serious terrorism offences could be held entirely in secret for the first time in modern British legal history.’

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The Guardian, 4th June 2014

Source: www.guardian.co.uk

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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.’

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Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

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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.’

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Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk

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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

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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.’

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Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

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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.’

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Halsbury’s Law Exchange, 23rd January 2014

Source: www.halsburyslawexchange.co.uk

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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

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