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Open justice, privacy & family proceedings in 2022: Pt 2

03 June 2022 / David Burrows
Issue: 7981 / Categories: Features
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Time to steady the law on privacy & anonymity in family proceedings? David Burrows makes the case
  • The hierarchical system of precedent and stare decisis.
  • The rationes of Mr Justice Mostyn’s previous decisions regarding the privacy position in family cases.
  • The need to take account of all relevant aspects to privacy of the CPR 39 and FPR 2010 as representing a codification of the common law.

A short series of judgments over the past few months have seen Mr Justice Mostyn recant former views on privacy in family proceedings and—especially on anonymity—to alter his previous position as a judge. The most recent of these cases is Xanthopoulos v Rakshina [2022] EWFC 30 (X).

Part 1 of this two-part series asserted that open justice comprises four main elements:

(1) Is the court open for general purposes, as is the case with most criminal and civil proceedings?

(2) What documents can be released to non-parties (eg the press) before a hearing (eg pleadings, skeleton arguments)?

(3) What

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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
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