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W (Children) [2017] EWFC 61

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In a tweet: Redacted family papers disclosable in other civil proceedings

  • In brief: You may recall the case from last year where it was held that witnesses can appeal specific adverse findings made against them if they significantly affect their private and professional lives and they have not been given a proper opportunity to respond before the findings are made (Re W (a child) [2016] EWCA Civ 1140).  

    The social worker who brought that case wanted also to bring claims against the Lord Chancellor and the MoJ for damages for the judge's alleged misfeasance in public office and for breaches of her human rights. She applied for permission to disclose the judgment and papers that she received during the appeal for the purpose of bringing those claims.  

    The President confirmed that the family courts should "take all appropriate steps to facilitate the proper administration of justice elsewhere" paving the way for suitably redacted papers to be disclosed. The judgment has the approved order annexed to it which provides a helpful precedent.  

    Read the full text of the judgment here

Published: 29/09/2017

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