Miscarriages of Justice, Privacy and Article 8 - Part 2

David Ryden Local Authority Solicitor. In the first part of this article published in March [2007] Fam Law the author considered recent high profile cases involving infant deaths and the impact of the case of R v Cannings [2004] EWCA Crim 1 [2004] 1 All ER 725 both in the media and the courts. The recent case of Re Webster; Norfolk County Council v Webster and Others (Nos 1 and 2) [2006] EWHC 2733 (Fam) [2007] FLR (forthcoming) and [2006] EWHC 2898 (Fam) [2006] All ER (D) 234 (Nov) in November 2006 appeared to set a low threshold when permitting publication of identities and information where parents and the media alleged a miscarriage of justice in the family courts. The second part of this article places Webster in the context of the cases discussed in Part 1 and the case of Clayton v Clayton [2006] EWCA Civ 878 [2007] 1 FLR 11 which concerned the scope of s 97 of the Children Act 1989 and then considers its implications for rights protected by Art 8 of the European Convention for the...

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