Family Court Practice, The
Order the 2021 edition due out in May
Court of Protection Practice 2021
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Latest articles
JM v RM [2021] EWHC 315 (Fam)
(Family Division, Mostyn J, 22 February 2021)Abduction – Wrongful retention – Hague Convention application – Mother decided not to return to Australia with children – COVID 19...
Re A (A Child) (Hague Convention 1980: Set Aside) [2021] EWCA Civ 194
(Court of Appeal (Civil Division), Moylan, Asplin LJJ, Hayden J, 23 February 2021)Abduction – Hague Convention 1980 – Return order made – Mother successfully applied to set aside due...
Disabled women more than twice as likely to experience domestic abuse
The latest data from the Office of National Statistics shows that, in the year ending March 2020, around 1 in 7 (14.3%) disabled people aged 16 to 59 years experienced any form of domestic abuse in...
The President of the Family Division endorses Public Law Working Group report
The Courts and Tribunals Judiciary has published a message from the President of the Family Division, Sir Andrew McFarlane, in which the President endorses the publication of the President’s...
HMCTS updates online divorce services guidance
HM Courts and Tribunals Service have recently updated the online divorce services guidance with the addition of guides for deemed and dispensed service applications, alternative service...
View all articles

Restrictions on disclosure: public interest immunity and the rights of the parties: Re J

Sep 29, 2018, 18:34 PM
Slug : Burrows-DecFLJ2012
Meta Title :
Meta Keywords :
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Dec 10, 2012, 00:30 AM
Article ID : 100981

David Burrows

Solicitor Advocate:

Re J (A Child: Disclosure) [2012] EWCA Civ 1204, [2013] 1 FLR (forthcoming) revisited a variety of the recent case law on restriction - or not - of disclosure of information in the light of Human Rights Act 1998; and especially of the respective rights to privacy of a prospective witness in a case, and of the right to a fair trial of the child's parents and the child. Public interest immunity seems only peripherally to have been considered. The wider procedural and evidential issues arising from Re J fall to be considered alongside a principled assessment as to how the withholding procedure (FPR 2010, r 21.3) is to operate (the West London Pipeline case), who should see the restricted documents and whether public interest immunity applies. The article considers restrictions on disclosure on grounds of privacy and public interest immunity and asks whether two different procedures and sets of legal principle should apply to them, and a third for the withholding of evidence covered by privilege.

David Burrows is the author of Practice of Family Law: Evidence and Procedure (Jordans, 2012).

The full version of this article appears in the December 2012 issue of Family Law.


Categories :
  • Articles
Tags :
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from