FORCED MARRIAGE: A Chief Constable v YK [2010] EWCA Fam 2438

14 OCT 2010

(Family Division; Sir Nicholas Wall P; 6 October 2010)

In cases under the Forced Marriage (Civil Protection) Act 2007 the appointment of special advocates would be rare in the extreme. Here, given the protective rather than punitive purpose of the Act there were powerful arguments for non disclosure of information to the respondents to protect informants. The judge could resolve the disclosure application without special advocates. An application for an FMPO would not engage Art 6 ECHR but an application to set aside would do so, however Art 6 did not require a respondent to see all the information which the court had.

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