Associated Newspapers Ltd v Bannatyne & Ors

Associated Newspapers Ltd v Bannatyne & Ors

The court held that, while the implied undertaking of confidentiality applies to information disclosed in divorce financial remedy proceedings, the iniquity exception is engaged where parties have admitted to providing false evidence to the court, even if they later repented. Therefore, the public interest in exposing attempts to mislead the court outweighs the confidentiality interest, and most of the passages sought to be redacted should be disclosed unredacted. However, redactions are justified for passages that would breach undertakings given to Mrs. Bannatyne regarding the details of the financial settlement.

Parties
Applicant: Associated Newspapers Ltd.; Respondent: Duncan Walker Bannatyne; Respondent: Justin Musgrove; Respondent: Bannatyne Fitness Ltd.
Jurisdiction
England and Wales
Judgment Date
16 November 2015
Procedural Posture
Application Under CPR 5.4 C for Access to Court Documents / Ruling on Application for Redaction of Statements of Case
Outcome
Application for redaction largely refused; limited redactions allowed for settlement details; costs awarded to applicant.
Legal Topics
Open Justice, Confidentiality of Court Documents, Redaction of Court Records, Divorce Financial Remedy Proceedings, Implied Undertaking of Confidentiality, Iniquity Exception
Civil Procedure Media Law Family Law Open Justice Confidentiality of Court Documents Redaction of Court Records Divorce Financial Remedy Proceedings Implied Undertaking of Confidentiality +1 more

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Parties

Associated Newspapers Ltd.

Applicant

Duncan Walker Bannatyne

Respondent

Justin Musgrove

Respondent

Bannatyne Fitness Ltd.

Respondent

Procedural Posture

Application Under CPR 5.4 C for Access to Court Documents / Ruling on Application for Redaction of Statements of Case

Legal Issues

  1. 1 Whether statements of case in related company and employment proceedings should be redacted before inspection by the press due to references to confidential divorce financial remedy proceedings
  2. 2 Whether the iniquity exception to confidentiality applies where parties admitted to misleading the court in previous proceedings

Ratio Decidendi

The court held that, while the implied undertaking of confidentiality applies to information disclosed in divorce financial remedy proceedings, the iniquity exception is engaged where parties have admitted to providing false evidence to the court, even if they later repented. Therefore, the public interest in exposing attempts to mislead the court outweighs the confidentiality interest, and most of the passages sought to be redacted should be disclosed unredacted. However, redactions are justified for passages that would breach undertakings given to Mrs. Bannatyne regarding the details of the financial settlement.

Court Disposition

Application for redaction largely refused; limited redactions allowed for settlement details; costs awarded to applicant.

Orders

  • Associated Newspapers Ltd. permitted access to statements of case with only limited redactions relating to settlement details as per undertakings to Mrs. Bannatyne.
  • If parties cannot agree on specific redactions, written submissions may be made to the court.