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 »





Case Law, Australia: Cummings v Fairfax, Horse trainer’s claims scratched – Justin Castelan

27 02 2019

Anthony Cummings and his company, Anthony Cummings Thoroughbreds Pty Ltd, train horses. They sued Fairfax Digital, The Age, Fairfax Media and a journalist, Kate Leahy, in respect of 3 articles published online on 25 February 2010 and a poster advertising a front-page article published in the Sydney Morning Herald, also on that day. Read the rest of this entry »





Case Law: Re A and B (Children), An interesting judgment about reporting restrictions – FC Reporting Watch

23 01 2019

In the case of A and B (Children) [2018] EWHC 3491 (Fam) the recently retired President of the Family Division Sir James Munby had to deal with an application for reporting restriction orders arising from care proceedings, and a cross application by a journalist for orders permitting disclosure of the majority of the case papers and subsequently permission to report on it. Read the rest of this entry »





Case Law: Ameyaw v PriceWaterhouseCoopers, Employment Tribunal judgment anonymity application fails – Media Lawyer

12 01 2019

In the case of Ameyaw v PriceWaterhouseCoopers ([2019] UKEAT 0244_18_0401) a former senior manager failed in a bid to win anonymity in a published judgment from an Employment Tribunal, and in an application for two decisions to be removed from public records available on the internet. Read the rest of this entry »