transparency – Law Journals

Wills: The public interest – whose view counts?

Natasha Dzameh explores the Court of Appeal’s decision on the will of His late Royal Highness Prince Philip The principle of open justice could be derogated from only in exceptional circumstances and these were such circumstances. Following the death of His Royal Highness Prince Philip the spotlight was shone on the practice of sealing royal …

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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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Media access: Look before you leap

Mark Harper highlights the potential consequences of increased transparency in the family courts and whether issues such as privacy for children and data protection have been given sufficient consideration Ancillary litigation about the terms of a reporting order will add to the costs burden for the parties where, for example, parties are inevitably very anxious …

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Wills: Sealing royal wills – justifiable secrecy?

Natasha Dzameh reviews the High Court’s decision to seal the will of His late Royal Highness Prince Philip In determining whether the will and other probate documents would be open to inspection, the public interest issue would likely be determinative. The sovereign’s will need not be proved by a grant of probate. However this is …

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Media access: Behind closed doors

Jemma Pollock highlights issues of transparency versus privacy in the family courts following the judgment in Barclay v Barclay The courts have discretion to shift the balance as to privacy in favour of transparency, and recent case law evidences a trend toward that approach, particularly in cases such as Barclay where there are issues of …

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