Which hat am I wearing? A tale of two jurisdictions – St Ives Chambers

‘The Court of Appeal Criminal Division and the Divisional Court have confirmed the circumstances in which the Crown, a Defendant, or a third party can challenge the making, variation, or failure to make a reporting restriction for a young person in the criminal justice system.’

Full Story

St Ives Chambers, February 2021

Source: www.stiveschambers.co.uk

Suspect under investigation has reasonable expectation of privacy, CoA rules – Law Society’s Gazette

‘Individuals under investigation by law enforcement bodies have a reasonable expectation of privacy up to the point they are charged, the Court of Appeal has confirmed. Dismissing an appeal by a news agency barred from revealing the identity of a US businessman identified in documents concerning a bribery probe, the court ruled that the fact that an individual is the subject of a criminal investigation is genuinely of a different character from allegations about the conduct being investigated.’

Full Story

Law Society's Gazette, 19th May 2020

Source: www.lawgazette.co.uk

High Court to rule on access to full adoption file – Law Society’s Gazette

‘The High Court has been asked to make an unprecedented order to allow a journalist to see all court papers in a flawed adoption case. The application comes as the family justice system faces heightened pressure to be more transparent.’

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Law Society's Gazette, 9th March 2020

Source: www.lawgazette.co.uk

“Brain dead” baby – Court of Appeal confirms High Court’s decision to allow “dignity in death” – Transparency Project

Posted February 25th, 2020 in appeals, birth, children, hospitals, medical treatment, news, reporting restrictions by sally

‘We reported earlier on the High Court’s decision to allow a hospital to withdraw mechanical ventilation from a baby, who had been starved of oxygen during his birth and had been declared “brain-stem dead” by doctors. Now the Court of Appeal have given their detailed reasons for refusing the parents’ application for permission to appeal.’

Full Story

Transparency Project, 23rd February 2020

Source: www.transparencyproject.org.uk

The President’s Call For Evidence – First Thoughts – Transparency Project

‘It was last May, not long after he had dealt with journalist and TP member Louise Tickle’s successful appeal against a wrongly imposed reporting restriction order, that the President of the Family Division announced he would be holding a ‘Transparency Review’.’

Full Story

Transparency Project, 11th February 2020

Source: www.transparencyproject.org.uk

Reporting restrictions turning family courts into black hole, say ex-judge – The Guardian

Posted February 11th, 2020 in family courts, judges, news, reporting restrictions by sally

‘Restrictions on reporting cases in the family courts concerning child custody or distribution of assets are “hopelessly obsolescent” and should be repealed, a former judge has said.’

Full Story

The Guardian, 11th February 2020

Source: www.theguardian.com

Labour MP accused of sexual assault fails in anonymity bid – The Guardian

‘A Labour MP has failed in his bid to stop his name from being revealed in reporting of an upcoming employment tribunal case taken by a woman who has accused him of sexual assault and harassment.’

Full Story

The Guardian, 22nd January 2020

Source: www.theguardian.com

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019) – Becket Chambers

‘Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds fast. However, things are not simply as they were before. Successive Presidents of the Family Division have now expressly addressed the subject in the form of three separate occasions. At the very least, it is clear that the dynamic is being given careful thought. Whilst the guidances do not amount to a tilting of the scales, they are nevertheless guidances specifically designed to address acts of reporting. When President of the Family Division, Sir James Munby issued two guidances on transparency and anonymisation. Sir Andrew McFarlane, the current President, has now (as of October 2018) issued further guidance specifically dealing with applications to lift and vary reporting restrictions.’

Full Story

Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

President’s guidance as to reporting on family courts – Transparency Project

Posted November 4th, 2019 in consultations, family courts, news, reporting restrictions by sally

‘As part of the decision made by the President of the Family Division in the appeal by TP member, Louise Tickle in February, Sir Andrew McFarlane stated that guidance to courts would need to be issued to address the uncertainty that existed if a journalist or legal blogger entitled to attend court asked for leave to publish information from the hearing. Draft guidance was published in March, and following a consultation period the final version has now been issued. The Transparency Project responded to the consultation. The new guidance was published on the Judiciary website on 29th October, although it is dated 3rd October.’

Full Story

Transparency Project, 1st November 2019

Source: www.transparencyproject.org.uk

Woman must tell her son who his biological father is after having an affair rules the High Court – Daily Telegraph

Posted August 23rd, 2019 in anonymity, children, families, media, news, paternity, reporting restrictions by sally

‘A wife who was sued by her husband after it was revealed that her eight-year-old son is not his must reveal the name of the biological father to her husband and child.’

Full Story

Daily Telegraph, 22nd August 2019

Source: www.telegraph.co.uk

Teenager who watched pornography before brutal rape and murder of 14-year-old girl can be named, judges rule – Daily Telegraph

‘A teenager who watched pornography before brutally raping and murdering a 14-year-old girl can be identified for the first time, judges have ruled.’

Full Story

Daily Telegraph, 25th July 2019

Source: www.telegraph.co.uk

Stephen Yaxley-Lennon committed to prison for contempt of court – Attorney General’s Office

‘Stephen Yaxley-Lennon, AKA Tommy Robinson, has today been sentenced to 6 months in prison for committing contempt of court by filming outside Leeds Crown Court during a trial. He was committed to prison for a further 3 months for a previous contempt.’

Full press release

Attorney General’s Office, 11th July 2019

Source: www.gov.uk/ago

Tommy Robinson Is Jailed For Contempt Of Court: Here’s What It Means – Rights Info

‘Former English Defence League leader Tommy Robinson has been jailed for nine months after being found guilty of contempt of court.’

Full Story

Rights Info, 11th July 2019

Source: rightsinfo.org

Tommy Robinson jailed for contempt of court – BBC News

‘The ex-English Defence League leader was found guilty last week of interfering with the trial of a sexual grooming gang at Leeds Crown Court in May 2018.’

Full Story

BBC News, 11th July 2019

Source: www.bbc.co.uk

Tommy Robinson faces jail after being found in contempt of court – The Guardian

‘Tommy Robinson faces prison again after being found in contempt of court for “aggressively confronting and filming” defendants in a criminal trial and broadcasting the footage on social media.’

Full Story

The Guardian, 5th July 2019

Source: www.theguardian.com

Seeking a secret inquest? A lesson in how NOT to go about asking for reporting restrictions – UK Human Rights Blog

‘When seeking any order it always helps to make the right application, to the right court, following the right procedure. Although when it does go horribly wrong it at least provides valuable learning for the rest of us.’

Full Story

UK Human Rights Blog, 1st July 2019

Source: ukhumanrightsblog.com

Broadcasters in legal bind over reporting on Tory crisis during election – The Guardian

‘Strict broadcasting laws place restrictions on coverage of politics during voting periods.’

Full Story

The Guardian, 23rd May 2019

Source: www.theguardian.com

Tommy Robinson: high court gives go-ahead for new contempt case – The Guardian

‘Two high court judges have said fresh proceedings can be brought against Tommy Robinson for alleged contempt of court over the filming of people involved in a criminal trial.’

Full Story

The Guardian, 14th May 2019

Source: www.theguardian.com

Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings – UK Human Rights Blog

‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’

Full Story

UK Human Rights Blog, 30th April 2019

Source: ukhumanrightsblog.com

Private Lives and Public Sorrows – Family Law Week

‘Hazel Wright, Partner with Hunters Solicitors, highlights three cases which have emphasised the usefulness to family lawyers of the Human Rights Act.’

Full Story

Family Law Week, 30th April 2019

Source: www.familylawweek.co.uk