Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'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...
Spotlight
Latest articles
Scrumping the crop of recent pension decisions
Rhys Taylor, 36 Family and 30 Park PlaceJonathan Galbraith, Mathieson Consulting2020 has thus far proved to be a memorable year for all the wrong reasons, but nonetheless it remains an interesting one...
Conduct in financial remedies – when is it now a relevant consideration?
Rachel Gillman, 1 GC/Family LawThis article provides an overview of all aspects of financial misconduct following the recent decision of Mostyn J in OG v AG [2020] EWFC 52, wherein all aspects of...
The treatment of RSUs/Stock Options in light of XW v XH
Peter Mitchell QC, 29 Bedford RowStock Options and Restricted Stock Units (RSUs) are frequently encountered by the Family Court when dividing property on divorce or dissolution of a Civil Partnership....
Hundreds of thousands of companies worldwide fall victims to hackers every year. Is your firm one of them?
SPONSORED CONTENT Image source: Information is beautifulYou and other lawyers and legal assistants in your firm likely have accounts on the hacked websites listed in the image above. If a hacker...
New complaints handling guide offers advice to local authorities
The Local Government and Social Care Ombudsman is today issuing new guidance on effective complaint handling for local authorities.Based on previous documents, the new guide offers practical,...
View all articles
Authors

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 :
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from