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20 May 2020 / David Burrows
Issue: 7887 / Categories: Features , Family
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Transparency: striking a balance

21107
A sheikh, two wards & their mother: David Burrows analyses a case which pits freedom of expression against a respect for family life
  • When may publicity be provided for children and families in contested family hearings?
  • What human rights balance—freedom of expression against respect for family life— applies in wardship cases?
  • What principles apply on appeals against a judge’s focus on the European Convention on Human Rights balance decisions?

In the dramatic—but inscrutably named—Al M (Publication) [2020] EWHC 122 (Fam) (27 January 2020), Sir Andrew McFarlane P has stamped his mark on his role as head of family courts in England and Wales. The case is otherwise known, as can be seen from its Court of Appeal published heading (Al M (Children) [2020] EWCA Civ 283 (28 February 2020), [2020] All ER (D) 70 (Mar)) as Sheikh Mohammed bin Rashid Al Maktoum v Princess Haya bint Al Hussein. Meanwhile, in another essential component of his job Sir Andrew (appointed in October 2018) has put out a call for views on ‘transparency’ in his courts: The Transparency Review: The

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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