Kingsley Napley LLP v Harris & Anor [2021] EWHC 137 (Comm) (19 January 2021)

Kingsley Napley LLP v Harris & Anor [2021] EWHC 137 (Comm) (19 January 2021)

The Matrimonial Matter and Possession Matter must be heard in private because (i) the underlying family proceedings were private and privacy must be preserved; (ii) the matters involve confidential information, including third-party financial and health details, and publicity would damage that confidentiality; (iii) disclosure of documents was conditional on a private hearing; and (iv) the two matters are inextricably linked, making redaction impractical.

Citation
[2021] EWHC 137 (Comm)
Parties
Claimant: Kingsley Napley LLP; Defendant: Steven Harris; Defendant: Danriss Group Holdings Limited
Jurisdiction
England and Wales
Judgment Date
19 January 2021
Procedural Posture
Commercial Court Claim and Counterclaim / Preliminary Application for Private Hearing Order at Trial of Counterclaim
Outcome
Application for private hearing granted for Matrimonial Matter and Possession Matter.
Legal Topics
Open Justice, Private Hearings, Confidential Information, Family Procedure Rules, Civil Procedure Rules, Professional Negligence
Civil Procedure Family Law Commercial Law Open Justice Private Hearings Confidential Information Family Procedure Rules Civil Procedure Rules +1 more

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Parties

Kingsley Napley LLP

Claimant

Steven Harris

Defendant

Danriss Group Holdings Limited

Defendant

Procedural Posture

Commercial Court Claim and Counterclaim / Preliminary Application for Private Hearing Order at Trial of Counterclaim

Legal Issues

  1. 1 Whether parts of the trial (Matrimonial Matter and Possession Matter) should be heard in private due to confidentiality and prior family proceedings

Ratio Decidendi

The Matrimonial Matter and Possession Matter must be heard in private because (i) the underlying family proceedings were private and privacy must be preserved; (ii) the matters involve confidential information, including third-party financial and health details, and publicity would damage that confidentiality; (iii) disclosure of documents was conditional on a private hearing; and (iv) the two matters are inextricably linked, making redaction impractical.

Court Disposition

Application for private hearing granted for Matrimonial Matter and Possession Matter.

Orders

  • The Matrimonial Matter and Possession Matter will be heard in private.
  • Non-parties may not apply for copies of specified confidential documents without 21 days' written notice to the first defendant.