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 ...
Anonymity orders; media; open justice ‘The judge held that, notwithstanding the exploration of intimate details of the claimant’s private and family life, the principle of open justice was not adequately satisfied by only publishing the name of the defendant.’ Martin Spencer J refused an anonymity order in a clinical negligence case in which the claimant …
Continue reading "Case report: Zeromska-Smith v United Lincolnshire Hospitals NHS Trust [2019] EWHC 552 (QB)"
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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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Abigail Lowther reviews the right to privacy in proceedings before the Court of Appeal ‘In cases where the question of privacy is raised the court will balance a party’s rights under Art 8 (right to a private and family life) of the European Convention on Human Rights (ECHR) and the freedom of expression conferred by …
Continue reading "Media Access: Balancing act"
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Wills & Trusts Law Reports | January/February 2015 #146The claimant was the settlor of three trusts and applied, under the Variation of Trusts Act 1958, for approval of similar arrangements for the benefit of minor beneficiaries under the trust and for future, yet unborn, beneficiaries under the trust.
The principal defendants were the trustees, the adult beneficiaries (who consented to the proposed arrangements) and the minor beneficiaries, acting through their litigation friend.
Before the hearing the parties had contact Chancery Listing and obtained agreement that the cases would be listed for hearing with initials ...
