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 …
Continue reading "Transparency: An open book?"
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Wills & Trusts Law Reports | Autumn 2019 #176In a claim for the approval of an arrangement varying a trust under the Variation of Trusts Act 1958 (the 1958 Act), an application was made for an anonymity order restricting the naming of the parties and access to the court file relating to the claim and the publication of certain information. The judge dismissed the application but gave permission for an appeal. The appellant, who brought the claim, was settlor of a settlement (the settlement), which comprised very valuable assets divided into several funds, some of which were held on discretionary trusts and others ...
Robert Pearce QC discusses how the courts treat privacy in trust litigation in our information age ‘In trust litigation, the causes of action are unlikely to have anything to do with privacy, and the parties’ concerns about privacy are likely to centre on the possibility of the media reporting proceedings heard in public, to which …
Continue reading "Trust litigation: Data control"
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Anna Macey reports on a Court of Appeal case with important points on privacy for personal injury claimants ‘Any departure from open justice needed to be justified strictly on the grounds of necessity, which meant such an order was the minimum consistent with achieving the ultimate purpose of doing justice in the instant case.’ In …
Continue reading "Anonymity Orders: Out in the open"
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Ilana Swimer analyses the growing use of anonymity and restricted reporting orders in the employment tribunal ‘In granting any anonymity order or restricted reporting order, the tribunal will need to consider the dichotomy between the media’s right to freedom of expression and to report on matters of public interest on the one hand and an …
Continue reading "Human Rights: Silence in (and out of) court"
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Wills & Trusts Law Reports | January/February 2012 #116On H’s ancillary relief claim, Bodey J awarded him a sum of £5m pursuant to an open offer made by W. W had assets worth approximately £57m and H had assets of approximately £300,000, represented by the former matrimonial home which was transferred to him by W in the course of the divorce. The couple began cohabiting in Israel in 1986, and underwent a ceremony of marriage that was not valid under Israeli law. They married legally in England in 1991, where they have lived ever since. The length of the relationship was 21 years and there are children from the marriage. Substantially the who...
Julian Bremner analyses the impact of the treatment of pre-marriage assets on the courts’ approach ‘The court in K v L [2011] was at pains to point out that the recognition that one partner had made a greater financial contribution to the marriage than the other is not discriminative and, although superficial differences should not …
Continue reading "Pre-Marriage Assets: Modest standards"
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Issues of privacy and human rights, examined by Claire Sanders ‘Parties to family proceedings have rarely succeeded in restricting media access or reporting where their only concern is their own privacy.’ The decision in TK v News Group Newspapers Ltd [2011] illustrates the importance of privacy in family life and its interaction with freedom of …
Continue reading "Privacy: Behind closed doors"
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Alan Watts and Anna Bateman conclude their review of recent cases on the law of confidence and privacy ‘The principle of open justice requires that any restrictions are the least that can be imposed consistent with the protection to which a claimant is entitled.’ Following our previous article on confidence and privacy in the last …
Continue reading "Confidentiality: Silence is golden"
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