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Transparency: striking a balance

20 May 2020 / David Burrows
Issue: 7887 / Categories: Features , Family
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21107
A sheikh, two wards & their mother: David Burrows analyses a case which pits freedom of expression against a respect for family life
  • When may publicity be provided for children and families in contested family hearings?
  • What human rights balance—freedom of expression against respect for family life— applies in wardship cases?
  • What principles apply on appeals against a judge’s focus on the European Convention on Human Rights balance decisions?

In the dramatic—but inscrutably named—Al M (Publication) [2020] EWHC 122 (Fam) (27 January 2020), Sir Andrew McFarlane P has stamped his mark on his role as head of family courts in England and Wales. The case is otherwise known, as can be seen from its Court of Appeal published heading (Al M (Children) [2020] EWCA Civ 283 (28 February 2020), [2020] All ER (D) 70 (Mar)) as Sheikh Mohammed bin Rashid Al Maktoum v Princess Haya bint Al Hussein. Meanwhile, in another essential component of his job Sir Andrew (appointed in October 2018) has put out a

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NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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