Transparency in the Family Courts: Publication of Judgments: Practice Guidance

Transparency in the Family Courts: Publication of Judgments: Practice Guidance

Judges must permit publication of judgments in specified classes of cases unless there are compelling reasons not to, and must ensure anonymity of children and vulnerable adults, with costs of transcription allocated according to the nature of the case.

Parties
President of the Family Division: Sir James Munby
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Practice Guidance / Issuance of Guidance
Outcome
Guidance issued
Legal Topics
Transparency, Publication of Judgments, Anonymisation, Media Access, Privacy
Family Law Court Procedure Transparency Publication of Judgments Anonymisation Media Access Privacy

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Parties

Sir James Munby

President of the Family Division

Procedural Posture

Practice Guidance / Issuance of Guidance

Legal Issues

  1. 1 Should family court judgments be published to increase transparency?
  2. 2 How should privacy and anonymity be protected in published judgments?
  3. 3 Who bears the cost of transcribing judgments for publication?

Ratio Decidendi

Judges must permit publication of judgments in specified classes of cases unless there are compelling reasons not to, and must ensure anonymity of children and vulnerable adults, with costs of transcription allocated according to the nature of the case.

Court Disposition

Guidance issued

Orders

  • Judges must ordinarily allow publication of judgments in specified cases unless compelling reasons exist.
  • Judgments must be anonymised to protect children and vulnerable adults unless otherwise ordered.