Birmingham pub bombings: Chris Mullin wins fight to protect source – The Guardian

‘Chris Mullin, the journalist and former MP, has won the right to protect his sources in a historic freedom of the press case at the Old Bailey.’

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The Guardian, 22nd March 2022

Source: www.theguardian.com

Anonymity: politics, polarisation and the public interest – UK Human Rights Blog

‘In the politically-charged and at times feverish aftermath of the Brexit referendum, Gina Miller became a “magnet for hatred” for exercising her right of access to courts and winning two landmark public law cases against the UK Government. The magnitude and ferocity of abuse directed at Gina Miller made those who followed in her footsteps wary enough to seek anonymity. In Yalland and others v Brexit Secretary, 4 claimants were granted anonymity in relation to a judicial review claim concerning UK participation in the European Economic Area Agreement.’

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UK Human Rights Blog, 15th March 2022

Source: ukhumanrightsblog.com

Protecting the identity of a child whose sibling has been killed by their parents – Transparency Project

‘This was the issue in the landmark human rights case, Re S [2004] UKHL 47, in which Lord Steyn formulated the test in balancing privacy interests under Article 8 of the European Convention on Human Rights with freedom of expression interests under Article 10. Lord Steyn’s formula is relied on (or should be) every time the media argue that it’s in the public interest to breach someone’s Article 8 rights. Likewise, every time an individual argues their privacy rights outweigh freedom of expression, we go to Re S.’

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Transparency Project, 8th March 2022

Source: www.transparencyproject.org.uk

Would Removing Social Media Anonymity Protect Or Threaten Our Rights? – Each Other

‘As online abuse and disinformation become more commonplace, the debate over whether anonymity on social media protects people from harm or restricts their rights is heating up.’

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Each Other, 3rd February 2022

Source: eachother.org.uk

Sex Worker Wins Anonymity In Landmark Case – Each Other

Posted February 4th, 2022 in anonymity, banking, employment, equality, human rights, news, privacy, prostitution by sally

‘A member of United Sex Workers (USW), the union for sex workers, has been granted anonymity in her case against SumUp, a major card-payment machines provider. This is a significant win in a landmark case challenging financial discrimination against sex workers.’

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Each Other, 4th February 2022

Source: eachother.org.uk

Balancing transparency and confidentiality ‘really difficult’ – McFarlane – Law Society’s Gazette

‘Greater transparency is necessary for the public to have confidence in the family justice system but balancing openness with confidentiality will be “really difficult”, the president of the Family Division told MPs today.’

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Law Society's Gazette, 11th January 2022

Source: www.lawgazette.co.uk

Ex-Tory minister Andrew Griffiths raped his wife, family court judge finds – The Independent

‘A former Conservative minister has been found to have raped and physically abused his wife by a family court judge who considered evidence at a private trial.’

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The Independent, 10th December 2021

Source: www.independent.co.uk

Increased transparency in the family courts to be the way forward – Family Law

‘On 29 October 2021 the President of the Family Division, Sir Andrew McFarlane, published a report with his conclusions on the issue of transparency in the family courts. His view is clear: it is possible to enhance public confidence in the family courts whilst also safeguarding the privacy of the families and the children who turn to the courts for protection and resolution. Increased transparency in the family courts is plainly a top priority for the President; it should be the “new norm”.’

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Family Law, 26th November 2021

Source: www.familylaw.co.uk

Judges publishing porn – Transparency Project

‘On 24 November 2021, approximately 3 years after the publication of detailed anonymisation guidance warning against the publication of overly graphic sexual content in judgments, and almost a month after publication of the Transparency Review, which echoes the same issue and indicates the need for an Anonymisation Unit – a family court judge has published a judgment which is, basically, pornographic in content.’

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Transparency Project, 24th November 2021

Source: www.transparencyproject.org.uk

More Transparency in the Financial Remedies Court – Transparency Project

Posted November 17th, 2021 in anonymity, disclosure, families, family courts, media, news, privacy, reporting restrictions by sally

‘Hard on the heels of the CONSULTATION ON A PROPOSAL FOR A STANDARD REPORTING PERMISSION ORDER IN FINANCIAL REMEDY PROCEEDINGS published by Mostyn J and HHJ Hess, the FRC Lead Judges, and animated by the same acknowledgement of the need for more transparency in FRC, come two important judgments by Mostyn J on the same subject: BT v CU [2021] EWFC 87, paras 100-114, and, in quick succession, A v M [2021] EWFC 89, paras 101-106.’

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Transparency Project, 16th November 2021

Source: www.transparencyproject.org.uk

Privacy & transparency in the family courts – Sir Andrew MacFarlane reports – Panopticon

‘The issue of how the protection of privacy rights should be balanced as against the fundamental public interest in achieving transparency and open justice within the family justice system has long vexed the family division of the High Court. On the one hand, ensuring the confidentiality of family law proceedings is crucial both in terms of protecting the fundamental privacy rights of those individuals who find themselves caught up in such proceedings and in terms of maximising their engagement in the process. On the other hand, a lack of meaningful transparency around the work of the family courts undermines public trust in the family justice system, increases the risk of miscarriages of justice and inhibits the public’s ability to press for reforms of the system on a properly informed basis. The family courts have for a number of years recognised that this balance was weighted too strongly in favour of preserving the confidentiality of family court proceedings, but that still left the fantastically difficult question of how the system should be reformed so as to increase the level of transparency. These are issues that were considered most recently by the courts in the case of Newman v Southampton City Council [2021] EWCA Civ 437. In that case, a journalist who had been unable to attend the first instance hearings of a particular high profile adoption case, was seeking access to the documents which had been placed before the first instance court. The Court of Appeal concluded that the High Court had been right to conclude that the balance of interests tipped in favour of preserving the confidentiality of the majority of relevant documents. However, it also observed that the case served to ‘underline the need for the Transparency Review’ (paragraph 92).’

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Panopticon, 2nd November 2021

Source: panopticonblog.com

Transparency to be ‘new norm’ in Family Division – McFarlane – Law Society’s Gazette

Posted October 29th, 2021 in anonymity, families, family courts, media, news, reporting restrictions by tracey

‘Openness in the family justice system should be regarded as “the new norm”, the president of the Family Division said yesterday, proposing that the media should be allowed to report court hearings more fully.’

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Law Society's Gazette, 29th October 2021

Source: www.lawgazette.co.uk

Should the right to justice override the principle of transparency? – Law Society’s Gazette

Posted October 25th, 2021 in anonymity, employment, employment tribunals, internet, news, reporting restrictions by tracey

‘Occasionally, a claimant at the employment tribunal will contact the Gazette in distress, after seeing reports of their case apparently plastered all over the internet. Many seem unaware of – and certainly unprepared for – the implications of open justice in the digital age.’

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Law Society's Gazette, 25th October 2021

Source: www.lawgazette.co.uk

Police officer who harassed abuse victim granted anonymity – The Guardian

Posted October 21st, 2021 in anonymity, domestic violence, harassment, news, police, victims by sally

‘A police chief has admitted a decision by a misconduct panel to grant lifelong anonymity to a male officer who harassed a female domestic abuse victim opened the service up to accusations of a lack of transparency.’

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The Guardian, 20th October 2021

Source: www.theguardian.com

Can Online Safety Bill tackle social media abuse of MPs? – BBC News

‘Following an outpouring of sadness after the murder of Conservative MP Sir David Amess, his colleagues from across the Commons have been raising concerns for their own safety.’

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BBC News, 20th October 2021

Source: www.bbc.co.uk

Woman speaks out over Elvis performer rape ordeal – BBC News

‘A woman raped by an Elvis impersonator when she was a 15-year-old dancer has said “he no longer controls her life” after he was finally put behind bars.’

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BBC News, 7th July 2021

Source: www.bbc.co.uk

Reporting restrictions in end of life cases: anonymity for treating clinicians – UK Human Rights Blog

‘The focus of this judgment was on the jurisdiction, if any, that the High Court Family Division has to maintain a Reporting Restriction Order (‘RRO’) prohibiting the naming of any medical clinicians as being involved in the care and treatment of a child who had been the subject of “end of life” proceedings before the High Court prior to their death, and where an RRO had been made at that time preventing the identification of any of the treating clinicians and staff until further order.’

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UK Human Rights Blog, 6th July 2021

Source: ukhumanrightsblog.com

Banksy will have to reveal identity to control copyright, say judges – Daily Telegraph

Posted June 23rd, 2021 in anonymity, artistic works, copyright, news, trade marks by sally

‘Banksy will have to reveal his identity if he wants to regain control of his artistic portfolio, judges have said as they stripped him of a total of six trademarks.’

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Daily Telegraph, 22nd June 2021

Source: www.telegraph.co.uk

Belly Mujinga: family still seeking justice one year after Covid death – The Guardian

Posted April 6th, 2021 in anonymity, assault, coronavirus, data protection, news, private prosecutions by sally

‘The family of Belly Mujinga, a London transport worker who died with Covid-19 after allegedly being spat and coughed at while on duty, have called for police to disclose the suspect’s name.’

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The Guardian, 5th April 2021

Source: www.theguardian.com

Rape social media posts: How speaking out got twin sisters sued – BBC News

‘Two sisters say they’ve been silenced by the man they reported for sexual assault after he sued them for talking about what happened.’

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BBC News, 24th February 2021

Source: www.bbc.co.uk