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Open Justice and Privacy in Family Proceedings


ISBN13: 9781784461584
Published: October 2020
Publisher: Law Society Publishing
Country of Publication: UK
Format: Paperback
Price: £75.00



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Open justice is the default position in all court proceedings and family proceedings is no exception. However, in some proceedings, especially those relating to children, there may be circumstances where privacy is justified. Balancing the rights between the need for openness and transparency in proceedings yet legitimately protecting the interests of families and especially children is a challenging area for legal practitioners.

Open Justice and Privacy in Family Proceedings provides a practical guide to the principles and practice of open justice and privacy in family proceedings. It provides an explanation of the law and procedures governing family courts and the difficulties involved in balancing the rights of privacy and publicity.

The book examines:

  • When open justice principles apply
  • the substantive law governing open court principles
  • when hearings may be held in private, secret or in chambers
  • the release of court materials before and after hearings
  • anonymity, judgements and witnesses
  • privacy and court procedure
  • publicity and reporting restrictions

Subjects:
Family Law
Contents:
Part 1: General Principles
1. Introduction
2. Open court principles: the substantive law
3. Private, secret or in chambers
4. Context for open justice litigation
5. The paternal role of the court
6. Rights issues
Part 2: Aspects of Privacy
7. Court material: before the hearing
8. Court material: release after the hearing
9. Publicity for court materials
10. Anonymity and judgments
11. Anonymity of witnesses
Part 3: Privacy and Court Procedure
12. Contempt of court and family proceedings
13. Reporting restrictions
14. Closed material procedures
15. Procedural issues.