Clibbery v Allan [2002] EWCA Civ 45 – Law Journals

Transparency: An open book?

David Wilkinson argues that the approach of Mostyn J to privacy in financial remedy proceedings in Xanthopoulos overlooks some of the key historical context The thrust of Mostyn J’s argument in Xanthopoulos was that sitting in chambers or in private (as the case may be) has never resulted, and was never intended to result, in …

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Privacy: Clear as mud?

Rebecca Harling summarises the approach to privacy in family proceedings and asks whether the current system lacks clarity ‘Within the sphere of family justice, as with many other practice areas, the desire to promote transparency and the right to a fair hearing must be carefully balanced with the right of privacy.’ Open justice is one …

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Privacy: Behind closed doors

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Shlomit Glaser and Tim Jones examine issues of privacy and confidentiality in family proceedings ‘There remains a judicial discretion to determine whether the media can be in attendance and the extent to which what they witness may be reported.’ Confidentiality can be a significant issue in family proceedings for many divorcing couples. This is particularly …

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Financial Provision: An open door

Vanessa McMurtrie examines the lessons to be learnt from the outcome in the long-running case of Wyatt v Vince ‘Good practice means we should always be looking for, and encouraging our clients to consider, the possibility of compromise.’ If ever there was a good example of why divorcees of modest means should agree a clean-break …

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Media Access: Private affairs

Charlotte Conner summarises the diverging approaches of the judiciary to media access and privacy and the implications for the parties ‘Where parties are compelled to provide details of their economic circumstances, most would be alarmed to think that it could all be made public.’ Restrictions on the reporting of financial remedy proceedings by the press …

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Disclosure: Behind closed doors

Claire Glaister sets out the significance of the decision in Revenue and Customs v Charman for privacy and privilege in family proceedings HMRC argued that it is in the public interest for the right amount of tax to be paid by tax payers, and that the documents requested were directly relevant Tax avoidance is currently …

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Privacy: Behind closed doors

James Brown revisits issues of privacy in family proceedings ‘Family proceedings are not, and should not, be seen to be as a separate category from other civil proceedings save for in recognised classes of cases or other situations that manifestly require permanent confidentiality.’ Two recent cases (A mbrosiadou v Coward [2010] and Lykiardopulo v Lykiardopulo …

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Media Access: Family secrets

Andrew Meehan considers the courts’ approach to privacy in ancillary relief proceedings ‘There is no public policy objection to parties opting for an arbitrator, taking cases out of the court system by way of alternative dispute resolution, collaborative practice or non-binding arbitration in order to preserve privacy.’ The Court of Appeal recently considered, in Lykiardopulo …

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