Practice Guidance (Transparency in the Family Courts) [2014] EWHC B3 (Fam) (16 January 2014)

Practice Guidance (Transparency in the Family Courts) [2014] EWHC B3 (Fam) (16 January 2014)

Judges in the family courts must ordinarily permit publication of judgments in specified categories of cases unless there are compelling reasons not to, with appropriate anonymisation to protect the privacy of children and vulnerable adults. The guidance sets out when publication is mandatory or discretionary, the process for anonymisation, and who bears transcription costs.

Citation
[2014] EWHC B3 (Fam)
Parties
Judge: Sir James Munby, President of the Family Division
Jurisdiction
England and Wales
Judgment Date
16 January 2014
Procedural Posture
Practice Guidance / Issuance of Guidance
Outcome
Practice Guidance issued; immediate change in publication practice ordered.
Legal Topics
Transparency in Family Courts, Publication of Judgments, Anonymity, Media Access, Children's Privacy
Family Law Judicial Practice Transparency in Family Courts Publication of Judgments Anonymity Media Access Children's Privacy

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Parties

Sir James Munby, President of the Family Division

Judge

Procedural Posture

Practice Guidance / Issuance of Guidance

Legal Issues

  1. 1 When and how should judgments in family courts be published?
  2. 2 What are the rules for anonymisation and naming parties in published judgments?
  3. 3 Who bears the cost of transcribing judgments for publication?

Ratio Decidendi

Judges in the family courts must ordinarily permit publication of judgments in specified categories of cases unless there are compelling reasons not to, with appropriate anonymisation to protect the privacy of children and vulnerable adults. The guidance sets out when publication is mandatory or discretionary, the process for anonymisation, and who bears transcription costs.

Court Disposition

Practice Guidance issued; immediate change in publication practice ordered.

Orders

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