Case Comment: Cape Intermediate Holdings v Dring, “A victory for open justice” – Devina Shah

6 08 2019

In a decision described as a “victory for open justice”, the Supreme Court has held that non-parties to litigation are entitled to access certain documents from a trial to which it was not a party. Read the rest of this entry »





Lifelong anonymity orders: do they still work in the social media age? – Faith Gordon and Julie Doughty

5 08 2019

Lifelong anonymity orders for adults who were convicted of crimes as children are rarely granted. In theory, these orders legally prevent a person ever being identified. But given that information is now shared at lightning speed across different platforms, can these orders still work in practice? Read the rest of this entry »





Case Law: MN v OP, Money, money, money, must be funny, in an [anonymised beneficiary’s] world, protecting child beneficiaries in variation of trust cases – Paul Magrath

8 06 2019

A typical plot development in old novels is the sudden discovery of unexpected wealth, usually in the form of an inheritance, or the discovery of a long lost will or hidden relationship to a wealthy benefactor.  Read the rest of this entry »





Reporting the Court of Protection: NB on Re NB – Barbara Rich

21 05 2019

At the beginning of April 2019, a Press Association report of an interim hearing at the Court of Protection provoked a number of newspaper headlines and outraged reactions, because it quoted a High Court judge, Mr Justice Hayden, as having spoken of a “fundamental human right” of a man to have sex with his wife.  Read the rest of this entry »





Anonymity and a Vulnerable Individual: The Troubling Case of Justyna – Valerie Eliot Smith

11 05 2019

On 8 March 2019, interim judgment was handed down in the apparently unremarkable case of Justyna Zeromska-Smith v United Lincolnshire Hospital Trust [2019] EWHC 552(QB). The decision appears to have been based on the following reasoning: Read the rest of this entry »





Straining the Alphabet Soup: Part 2, Drafting anonymity orders – Angus McCullough QC

8 05 2019

In Part 1 we looked at the circumstances in which a court may be prepared to grant anonymity in personal injury proceedings, and the applicable principles. In Part 2 I consider practical issues in the drafting of these orders, and problems encountered in this. Read the rest of this entry »





Straining the Alphabet Soup: Part 1, Anonymity orders in Personal Injury proceedings – Angus McCullough QC

7 05 2019

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. Read the rest of this entry »





Practice Update: New rules on Hearings and the Publication of Orders for Anonymity and Private Hearings – Aidan Wills

29 04 2019

On 6 April 2019 an amended version of the rule governing hearings, CPR 39, came into force. The changes are intended to reinforce the principles of open justice.  The changes follow a consultation conducted by the Ministry of Justice in 2018. Read the rest of this entry »





Family Courts: The President’s guidance on anonymisation in published judgments – Annie Bertram

17 03 2019

On 7 December 2018, Sir Andrew McFarlane, the President of the Family Division [pic], issued some practice guidance to judges entitled Practice Guidance: anonymisation and avoidance of the identification of children and the treatment of explicit descriptions of the sexual abuse of children in judgments intended for the public arena (see January [2019] Fam Law 68). Read the rest of this entry »