header-logo header-logo

Anonymisation of parties to family proceedings (Pt 2)

03 November 2023 / David Burrows
Issue: 8047 / Categories: Features , Family
printer mail-detail
145192
In his second article on anonymisation in family proceedings, David Burrows considers what, in law, does anonymisation mean?
  • The decision whether to grant anonymity is not a matter of discretion. It is a matter of weighing up and balancing the competing Convention rights.

Part 1 of this two-part series looked at the need for certainty in law on the subject of anonymity, and for comity between judges on this—as in any other—subject. Family Division judges are not succeeding in this question of comity (especially in the case of the recently retired Holman and Mostyn JJ). And there is no Court of Appeal direction nor any guidance from the President of the Family Division on anonymity.

This article asks what in law does ‘anonymisation’ mean? It is a subject which crops up across all forms of English and Welsh court proceedings. It engages principles of privacy as defined and understood in the light of European Convention 1950 especially, Arts 8 (right to respect for private life) and 10 (press freedom).

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll