Transparency in the Family Courts: Publicity and Privacy in Practice

Transparency describes openness, accessibility and public understanding of the family justice system.

The principle of open justice has long been limited by the need for privacy to protect the interests of vulnerable parties, and the balance between privacy and publicity is subject to a complex web of legislation and case law, especially in family courts.

This book provides a detailed practical guide to the relevant legislation, case law, policy and procedure, and how the balance between privacy and publicity has changed over time.

Written in the context of the outcome of the President's Transparency Review (2021), the Second Edition of this title covers recent case law and procedural changes. This includes:

- Press attendance and reporting from pilot courts

- Legal blogging developments
- Privacy of financial applications
- Updated judicial guidance on anonymisation and publication, including the transfer of primary publication from BAILII to TNA

The Appendix of case studies has been updated to include recent key cases.

This title provides practitioners in family courts with an explanation of the relevant law, so that they are well-equipped to advise their clients on their remedies, rights and obligations with regard to transparency. It will also assist media lawyers, journalists, legal bloggers and social workers.

This title is included in Bloomsbury Professional's Family Law online service.

List of contents

1. Introduction
2. The Extent of Privacy in Family Proceedings
3. Orders Restricting or Permitting Reporting
4. Publishing and Reporting on Court Judgments
5. The Internet and Social Media
6. Enforcement
7. Other Courts
8. Looking Ahead

About the author

Dr Julie Doughty, PhD, Senior Lecturer in Law, Cardiff University School of Law and Politics. She has previously worked as a solicitor and for local government and Cafcass. She currently teaches in family and child law, trusts, and media law. She has been researching privacy and openness in family courts for more than ten years. She recently led a research project, funded by the Nuffield Foundation which evaluated the effects of the transparency guidance issued to judges by the President in January 2014. The project report is currently under consideration by the President of the Family Division. This is available at:
http://www.nuffieldfoundation.org/news/family-court-transparency-plans-fall-short-judges-struggle-find-time-publish-judgments-safely

Julie has also undertaken research on adoption; expert witnesses, care proceedings, and the Court of Protection. Julie is also a Consulting Editor on Hershman and McFarlane.
Lucy Reed KC practices from St John's Chambers, Bristol and 36 Family (Call 2002). She is the author of The Family Court without a Lawyer - A Handbook for litigants in person (Bath Publishing, 2022) and the award-winning ‘Pink Tape’ blog, and the Chair of The Transparency Project. She is a Recorder on the Western Circuit. Lucy regularly delivers talks on family law, litigants in person and transparency issues. She has written several articles on family justice in both the legal and mainstream press. In practice, Lucy's specialism is child law, with an emphasis on public law proceedings.Paul Magrath is Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales (ICLR). He is a non-practising barrister who has worked as a law reporter, editor and legal commentator for many years. He edited Creating Case History: The Law Reports 1865-2015 Anniversary Edition (ICLR 2015) and contributed to Galligan (Ed), The Courts and the People: Friend or Foe? (Hart 2021). He is currently responsible for developing and maintaining the ICLR online legal database platform, and is a trustee of the Transparency Project. He is also a member of the Courts and Tribunals Observers’ Network.

Summary

Transparency describes openness, accessibility and public understanding of the family justice system.

The principle of open justice has long been limited by the need for privacy to protect the interests of vulnerable parties, and the balance between privacy and publicity is subject to a complex web of legislation and case law, especially in family courts.

This book provides a detailed practical guide to the relevant legislation, case law, policy and procedure, and how the balance between privacy and publicity has changed over time.

Written in the context of the outcome of the President’s Transparency Review (2021), the Second Edition of this title covers recent case law and procedural changes. This includes:

- Press attendance and reporting from pilot courts

- Legal blogging developments
- Privacy of financial applications
- Updated judicial guidance on anonymisation and publication, including the transfer of primary publication from BAILII to TNA

The Appendix of case studies has been updated to include recent key cases.

This title provides practitioners in family courts with an explanation of the relevant law, so that they are well-equipped to advise their clients on their remedies, rights and obligations with regard to transparency. It will also assist media lawyers, journalists, legal bloggers and social workers.

This title is included in Bloomsbury Professional's Family Law online service.

Foreword

This text draws together the law and key cases to provide practical guidance on publicity in family law cases and their reporting in the media.

Product details

• Authors: Julie Doughty, Paul Magrath, Lucy Reed, Lucy Reed KC
• Publisher: Bloomsbury Academic
• Languages: English
• Product format: Paperback / Softback
• Released: 21.03.2024
• EAN: 9781526525789
• ISBN: 978-1-5265-2578-9
• No. of pages: 336
• Dimensions: 158 mm x 248 mm x 28 mm
• Weight: 556 g
• Subjects: Social sciences, law, business > Law > International law, foreign law; England, Wales, LAW / Family Law / General, Family Law, Wales / Cymru