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The balance of rights – anonymity in legal proceedings
Jeremy Ford of Cambridge Family Law Practice represented the Litigation Friend on behalf of the child in a recent hearing before the President of the Family Division where the Telegraph Media Group Ltd, Associated Newspapers Limited, News Group Newspapers Limited and Reach sought to lift the anonymity order which protected the identity of the Claimant within the Judicial Review and Family Proceedings.
The Media Group were successful in their application and the President decided that the anonymity order should be lifted in respect of the identity of the Claimant but not the child. This important judgment delicately balances the competing Article 8 rights of the Claimant and his child to respect for their private and family life as against the Article 10 rights of the the Media Group to freedom of expression.
The substantive hearing
Judgment will shortly be given in respect of the substantive application, whereby the Claimant, a transgender man, seeks a declaration that he should be regarded as his child’s father, not the mother; and where we seek on behalf of the child, a declaration that the Claimant is the child’s father pursuant to s.55A of the Family Law Act 1986.
The reported judgment can be found here here.