A v A

A v A

The court found that all evidence and information given in respect of the financial arrangements and business enterprise was disclosed under compulsion and protected by the implied undertaking of confidentiality. The balance of competing ECHR rights and the open justice principle falls in favour of maintaining privacy and restricting reporting, except for limited factual details permitted by statute.

Parties
Petitioner: A; Respondent: A; Intervenors: Husband's parents; Interested Party: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
17 September 2012
Procedural Posture
Financial Remedy Application (matrimonial) / Post Settlement, Determination of Reporting Restrictions
Outcome
Reporting restrictions imposed; disclosure prohibited except for limited factual details.
Legal Topics
Reporting Restrictions, Open Justice, Privacy, Freedom of Expression, Confidentiality in Family Proceedings
Family Law Media Law Human Rights Reporting Restrictions Open Justice Privacy Freedom of Expression Confidentiality in Family Proceedings

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Parties

A

Petitioner

A

Respondent

Husband's parents

Intervenors

Times Newspapers Limited

Interested Party

Procedural Posture

Financial Remedy Application (matrimonial) / Post Settlement, Determination of Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions should be imposed on evidence given in private financial remedy proceedings
  2. 2 Balancing open justice and media rights against privacy and confidentiality of parties

Ratio Decidendi

The court found that all evidence and information given in respect of the financial arrangements and business enterprise was disclosed under compulsion and protected by the implied undertaking of confidentiality. The balance of competing ECHR rights and the open justice principle falls in favour of maintaining privacy and restricting reporting, except for limited factual details permitted by statute.

Court Disposition

Reporting restrictions imposed; disclosure prohibited except for limited factual details.

Orders

  • Disclosure of information in respect of these matrimonial proceedings is prohibited except for: (1) matters permitted in respect of the divorce suit pursuant to s1 of the Judicial Proceedings (Regulation of Reports) Act 1926; (2) the fact and date of the financial remedy application and hearing; (3) the fact and...