V v T & Anor

V v T & Anor

The evidence did not meet the threshold for a private hearing, but reporting restrictions and anonymisation are justified to protect the welfare and upbringing of minor beneficiaries from adverse effects of publicity regarding their potential wealth.

Parties
Claimant: V; Defendant: T; Defendant: A
Jurisdiction
England and Wales
Judgment Date
23 October 2014
Procedural Posture
Variation of Trusts Application / Judgment on Application for Private Hearing and Reporting Restrictions
Outcome
Application for private hearing refused; reporting restrictions and anonymisation granted; arrangement under Variation of Trusts Act 1958 approved.
Legal Topics
Variation of Trusts, Open Justice, Reporting Restrictions, Anonymity Orders, Child Protection
Trusts Civil Procedure Family Law Variation of Trusts Open Justice Reporting Restrictions Anonymity Orders Child Protection

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Parties

V

Claimant

T

Defendant

A

Defendant

Procedural Posture

Variation of Trusts Application / Judgment on Application for Private Hearing and Reporting Restrictions

Legal Issues

  1. 1 Should the hearing be held in private under CPR 39.2?
  2. 2 Should reporting restrictions and anonymisation be imposed to protect minor beneficiaries?
  3. 3 Is the proposed arrangement a variation of the existing trusts under the Variation of Trusts Act 1958?

Ratio Decidendi

The evidence did not meet the threshold for a private hearing, but reporting restrictions and anonymisation are justified to protect the welfare and upbringing of minor beneficiaries from adverse effects of publicity regarding their potential wealth.

Court Disposition

Application for private hearing refused; reporting restrictions and anonymisation granted; arrangement under Variation of Trusts Act 1958 approved.

Orders

  • Reporting restrictions imposed to protect minor beneficiaries.
  • Judgment to be anonymised.