Privilege, Privacy and Confidentiality in Family Proceedings


Book Description

How far does a client's or a child's confidentiality extend on family breakdown? Understand the fundamental importance of legal privilege, privacy and confidentiality in family breakdown and in family court proceedings. Looking at the duties of confidentiality of all practitioners involved in family proceedings, this title puts privilege, privacy and confidentiality in its common law context. It considers and contrasts that family proceedings are almost always heard 'in private'; and explains how this rule sits with common law principles. It singles out the particular issues in care proceedings where there are parallel criminal proceedings and explains the differences in law and on statutory guidance between the duties of confidentiality between lawyers, doctors and social workers. This new title helps you tackle questions such as: Is a child entitled to confidentiality; or is it correct, as Working Together guidance says, that the mature child's confidences should be 'shared'? When can privilege be overridden; and when does it not apply? Does without prejudice immunity cover a mediator? When are closed materials procedures appropriate in children proceedings?




Open Justice


Book Description

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.




Mental Capacity Act 2005 code of practice


Book Description

The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.




United States Attorneys' Manual


Book Description




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




The UK Media Law Pocketbook


Book Description

As media law becomes more complicated and some of the leading textbooks thicker and larger, this concise guide provides core information without patronizing those with existing knowledge or bamboozling those with little expertise. Suitable for journalists, media workers, and anyone in the cultural or publishing industries, the book engages and addresses the Internet and blogging, social networking, instant messaging, digital multi-media publication and consumption as well as traditional print and broadcast. Each chapter covers substantive 'black letter law' and regulation/ethics, and kept in mind throughout will be the difference in duties and obligations between words and pictures, print and broadcasting. The focus is on the law relating to England & Wales, but with references to key differences to bear in mind in Scotland and Northern Ireland. Chapters start with bullet points, then flesh out the details and summarize pitfalls to avoid. Readers are left in no doubt about liabilities and potential penalties. Anticipating a dynamically changing arena, the text is also backed up by downloadable sound podcasts, videocasts, Internet source links throughout the book text, and a companion website so that any significant updates are immediately accessible direct from the ebook. Visit: https://ukmedialawpocketbook.wordpress.com/




Civil Trials Bench Book


Book Description

This book provides guidance for judicial officer in the conduct of civil proceedings, from preliminary matters to the conduct of final proceedings and the assessment of damages and costs. It contains concise statements of relevant legal principles, references to legislation, sample orders for judicial official to use where suitable and checklists applicable to various kinds of issues that arise in the course of managing and conducting civil litigation.




McNae's Essential Law for Journalists


Book Description

Precise and lucid in its treatment of practical detail, McNae's Essential Law for Journalists is the unrivalled handbook for students of journalism and professionals. Including pithy summaries, clear cross-references, and hands-on practical advice, McNae's meets the needs of busy journalists who need quick and reliable answers to the questions they face in their day-to-day work, while also providing students with authoritative coverage of key media law topics. Published in partnership with the National Council for the Training of Journalists as the elemental text for students, and widely used in newsrooms across the UK, McNae's continues to successfully distil the law and make it manageable. Online resources Comprehensive online resources accompany the text, including regular updates from the authors to keep readers abreast of the law. www.mcnaes.com




Transparency in the Family Courts: Publicity and Privacy in Practice


Book Description

Are you concerned about promoting transparency whilst protecting the privacy of vulnerable clients? With a foreword by Sir Andrew McFarlane, the incoming President of the Family Division, and an author team from The Transparency Project, Transparency in the Family Courts: Publicity and Privacy in Practice clarifies what transparency means in practice for professionals and families involved in the family courts, and provides guidance on privacy in family law cases and their reporting in the media. This new title provides full coverage of the implications of the 2014 Guidance on publication of judgments and looks at: Section 12 of the Administration of Justice Act 1960 Section 97 of the Children Act 1989 ECHR Articles 8 and 10 Rules and Practice Directions covering all family proceedings Appendices include key legislation and case studies and the topic will be kept up-to-date on the Bloomsbury Family Law online service. This new title is essential reading for family law practitioners in private practice, local authorities and other public bodies, as well as media lawyers, journalists and social workers. Julie Doughty is a Lecturer in Law in the School of Law and Politics at Cardiff University Lucy Reed is a Barrister at St John's Chambers Paul Magrath is a Barrister with the Incorporated Council of Law Reporting for England and Wales




Children’s Views and Evidence


Book Description

Can you hear the child's voice? The Court of Appeal have commented that the family courts are 'still feeling their way forward in order to determine how best to 'hear the voice of a child'. In this new title David Burrows looks at the jurisprudence surrounding this remark, relates it to European and UN Convention rights and looks at the most recent children case law. It concentrates on: Children in court proceedings, particularly in family proceedings Contrasting the way courts hear children's views with the way their evidence is heard Any rights to which a child is entitled (common law; European Convention 1950; UN Conventions; and EU Directives), such as to confidentiality and to take part (or be heard) in proceedings. The meaning and effect of a child's 'understanding' in court proceedings, and the way that term varies according to a child's age and the issue before the court. Legislation and case law covered and analysed includes: Children Act 1989 and applicable Family Procedure Rules 2010 Human Rights Act 1998 and European Convention 1950 Civil Procedure Rules 1998 LASPO Act 2012 Youth Justice and Criminal Evidence Act 1999 Re D (A Child) (International Recognition) – child's right to be heard Re W (A Child)– rules for child representation in hearings P v A Local Authority (Fam) – legal aid and statutory damages Re W (Children) (Abuse: Oral Evidence) – child's evidence R (D (a minor)) v Camberwell Green Youth Court – safeguards in criminal law for children Protocol and Good Practice Model Disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings – October 2013 Achieving Best Evidence: Guidance on interviewing children March 2011