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Frank Feehan QC and Gemma Taylor of 42BR’s Family team have succeeded in the Supreme Court case of Re A (A Child). Judgment was handed down on the 12th December 2012.
Their arguments on the nature of “unqualified” rights under the European Convention were accepted by the Supreme Court in deciding that the right of an anonymous accuser in child abuse proceedings not to be subject to “inhuman or degrading treatment” which would otherwise follow if that person’s identity were disclosed were not engaged since the legitimate interests of the state in securing a fair hearing of the case altered the applicability of Article 3 of the convention.
Please download full judgment here: Re: A (A Child) – Judgment