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From privacy to publicity: controlling the disclosure of allegations of abuse in litigation

Publisher:
LexisNexis
Publication:
International Family Law Journal
Publication Date:
20230620

Allegations of domestic abuse are ventilated daily across the criminal and family courts. Less commonly they arise in civil courts, for example where proceedings for breach of confidence/privacy or harassment are brought by an alleged victim of abuse to prevent disclosure of allegations, frequently alleging blackmail; and where an alleged abuser seeks to vindicate their reputation through libel proceedings.

In this article, we explore how the English courts grapple with questions of transparency and open justice in cases involving allegations of abuse, both where the applicant for privacy is the victim of abuse and where it is the alleged perpetrator who seeks privacy.

Access the article at the Download link (below), or those with a subscription to the IFLJ can access it here.

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