Final Presidential words on transparency – Transparency Project

Posted August 7th, 2018 in family courts, judges, news, private hearings, reporting restrictions by sally

‘Sir James Munby, who retired as President of the Family Division at the end of July, has attracted a good deal of media attention over the years and has been innovative and enthusiastic about constructively engaging with the media. He was vocal as early as 2013 (in a speech to the Society of Editors) about his wish for the family courts and the Court of Protection to become more open and the important role of the media (the press in particular) to make the workings of the family justice system accessible to the public. Although the government had seemingly thrown in the transparency towel after the failed legislation of 2010, he was determined to address the perceived problem of lack of confidence in “secret” family courts.’

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Transparency Project, 6th August 2018

Source: www.transparencyproject.org.uk

Reporting restrictions ‘prevent scrutiny’ of economic crimes – The Guardian

Posted July 16th, 2018 in bribery, fraud, news, private hearings, reporting restrictions by tracey

‘Excessive court reporting restrictions, inadequate listing information and difficulties in obtaining documents are preventing scrutiny of economic crimes and bribery cases, according to a report by Corruption Watch UK.’

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The Guardian, 16th July 2018

Source: www.theguardian.com

Lady Hale at the Sir Nicholas Wall Memorial Lecture 2018, London – Supreme Court

‘Openness and Privacy in Family Proceedings. Sir Nicholas Wall Memorial Lecture 2018, Gray’s Inn, London. Lady Hale, President of The Supreme Court.’

Full speech

Supreme Court, 15th May 2018

Source: www.supremecourt.uk

Nurse and midwife misconduct hearings may be held in secret – Daily Telegraph

Posted March 21st, 2018 in disciplinary procedures, midwives, news, nurses, private hearings by tracey

‘Nurses and midwives will rarely be subject to public misconduct hearings and could avoid any sanctions for errors if they admit blunders early, under controversial new plans.
The Nursing and Midwifery Council (NMC) wants to replace “cumbersome and adversarial” fitness to practice processes with a system that could mean most cases being heard behind closed doors.’

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Daily Telegraph, 20th March 2018

Source: www.telegraph.co.uk

Family court secrecy lets judges get away with mistakes, senior judge says – Daily Telegraph

Posted March 15th, 2018 in family courts, judges, law reports, media, mistake, news, private hearings by tracey

‘Secrecy in family courts could be allowing judges to get away with mistakes, the most senior family judge in England and Wales has said. Speaking at an event on Tuesday evening, Sir James Munby, president of the high court’s family division, said that judges were “grotesquely overworked” and “tired” and so more likely to make errors.’

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Daily Telegraph, 14th March 2018

Source: www.telegraph.co.uk

CPRC backs rule changes to ensure courts sit in public – Litigation Futures

Posted February 15th, 2018 in civil justice, civil procedure rules, news, private hearings by sally

‘The Civil Procedure Rules Committee (CPRC) has backed rule changes to ensure that courts sit in public “irrespective of the parties’ consent” unless certain strict conditions are met.’

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Litigation Futures, 13th February 2018

Source: www.litigationfutures.com

The open justice principle: a child’s crimes and a parent’s misdemeanour – Transparency Project

‘What legal principles connect publicity for the 17 year-old Charlie Pearce (born 3 July 2000), a double rapist and attempt murderer (R v Pearce (Press Restrictions) Haddon-Cave J (7 December 2017)) and privacy for a stalking mother who, with her cohabitant (‘Mr JM’) tried to disrupt her 10 year-old daughter T’s foster placement (Re T (A Child) [2017] EWCA Civ 1889 (23 November 2017)).’

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Transparency Project, 31st January 2018

Source: www.transparencyproject.org.uk

An end to private hearing deals and unilateral emails to court: CPRC to strengthen open justice – Litigation Futures

Posted November 7th, 2017 in civil justice, civil procedure rules, consultations, news, private hearings by tracey

‘A default position that all court hearings should be conducted in public, and parties and witnesses named, is under consideration by the Civil Procedure Rule Committee (CPRC) as part of a push to emphasise the importance of open justice, it has emerged.’

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Litigation Futures, 7th November 2017

Source: www.litigationfutures.com

Public Law Podcast Seminar on Radicalisation Part 1: Civil Law and Closed Hearing – UK Human Rights Blog

The first episode from the Public Law Seminar given by members of 1 Crown Office Row is now available for podcast download here or from iTunes under Law Pod UK. Look for Episode 13: Tackling radicalisation through the civil courts.

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UK Human Rights Blog, 26th October 2017

Source: ukhumanrightsblog.com

Law Pod UK Ep. 13: Tackling radicalisation through the civil courts – 1 COR

Posted October 27th, 2017 in civil justice, news, private hearings, terrorism by sally

‘Martin Downs and Shaheen Rahman QC talk about their experiences of tackling radicalisation in the civil courts, and the use of closed hearings. Recorded at the 2017 Public Law event at King’s College London.’

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Law Pod UK, 26th October 2017

Source: audioboom.com

Aarhus costs cap challenge succeeds – UK Human Rights Blog

‘RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice [2017] EWHC 2309 (Admin), 15 September 2017, Dove J. In my March 2017 post here, I explained that amendments to the costs rules for public law environmental claims threatened to undo much of the certainty that those rules had achieved since 2013. Between 2013 and February 2017, if you, an individual, had an environmental judicial review, then you could pretty much guarantee that your liability to the other side’s costs would be capped at £5,000 (£10,000 for companies) if you lost, and your recovery of your own costs would be limited to £35,000 if you won. In this way, the rules sought to avoid the cost of such claims becoming prohibitively expensive and thus in breach of Art.9(4) of the Aarhus Convention.’

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UK Human Rights Blog, 16th September 2017

Source: ukhumanrightsblog.com

Police watchdog to hold misconduct hearing in secret over man’s death – The Guardian

‘A disciplinary hearing of six police officers who have been accused of gross misconduct over the death of a 23-year-old man who died after a prolonged period of restraint seven years ago will begin in secret on Monday.’

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The Guardian, 11th september 2017

Source: www.theguardian.com

Foreign Office wants rendition case against Jack Straw to be held in private – The Guardian

‘The Foreign Office is asking the high court to sit in secret when former foreign secretary Jack Straw faces a damages claim over his alleged role in the abduction and torture of a Libyan dissident and his pregnant wife.’

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The Guardian, 29th June 2017

Source: www.theguardian.com

Child locked locked in bedroom by grandparents is taken into care – Daily Telegraph

‘A child was taken away from her grandparents and put into foster care after they locked her in her room overnight.’

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Daily Telegraph, 2nd April 2017

Source: www.telegraph.co.uk

Don’t use dyslexia as an excuse, judge tells ‘bully’ businessman in divorce case as he says ‘even Albert Einstein had dyslexia’ – Daily Telegraph

Posted February 22nd, 2017 in autism, divorce, dyslexia, family courts, judges, news, private hearings by sally

‘A businessman embroiled in a bitter divorce case with his estranged wife has been criticised by a judge for using his dyslexia as an excuse, telling him “even Einstein had dyslexia”.’

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Daily Telegraph, 21st February 2017

Source: www.telegraph.co.uk

Mother who let her two boys sleep in her bed has them taken away by judge – Daily Telegraph

Posted February 13th, 2017 in adoption, children, family courts, news, private hearings, social services by sally

‘A mother who allowed her two children to sleep in her bed has had them taken away from her by a family court judge after social workers raised concerns.’

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Daily Telegraph, 12th February 2017

Source: www.telegraph.co.uk

SFO asks for private hearing in unfair dismissal claim by ex-Barclays banker – The Guardian

Posted November 21st, 2016 in banking, employment, fraud, news, private hearings, unfair dismissal by sally

‘The Serious Fraud Office will on Monday ask a London employment tribunal to hear an unfair dismissal claim by a former senior banker at Barclays in private.’

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The Guardian, 20th November 2016

Source: www.guardian.co.uk

Defending public interest lawyers – Halsbury’s Law Exchange

‘After months of rumours that staff were leaving the firm and that its founder Phil Shiner was buckling under of the pressure, Public Interest Lawyers (PIL) has announced its closure.’

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Halsbury’s Law Exchange, 30th August 2016

Source: www.halsburyslawexchange.co.uk

Everything You Need To Know About Secrecy In The Family Courts – RightsInfo

‘One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved. Families going through divorces, child custody proceedings or cases involving child abuse have typically had their identities and the details of their cases protected. But over recent years there has been a rising perception that the family courts are secretive and unaccountable – sparking calls for increased transparency, and raising important questions for human rights.’

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Rightsinfo, 27th July 2016

Source: www.rightsinfo.org

CA says huge solicitor-own client costs assessment can be held in private – Litigation Futures

Posted April 20th, 2016 in costs, news, private hearings, privilege, solicitors by sally

‘The Court of Appeal has upheld a decision to conduct a solicitor-own client assessment in private so as to protect legal professional privilege (LPP), even though the client had given a waiver to enable international law firm Dechert to defend its multi-million pound bills.’

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Litigation Futures, 20th April 2016

Source: www.litigationfutures.com