Shuldham, Re

Shuldham, Re

The application for a private hearing and anonymity order was refused because the applicant failed to demonstrate that such measures were necessary rather than merely convenient. The evidence did not establish a significant risk of denial of justice or harm to a minor, nor did it show that confidentiality concerns justified overriding the principle of open justice.

Parties
Applicant: Timothy Edward Shuldham; Potential Respondent: Her Majesty’s Revenue and Customs
Jurisdiction
England and Wales
Judgment Date
25 May 2012
Procedural Posture
Civil (part 8 Claim) / Application for Private Hearing and Anonymity Order Prior to Substantive Rectification Claim
Outcome
Application dismissed
Legal Topics
Open Justice, Rectification of Instruments, Anonymity Orders, Private Hearings, Confidentiality, Protection of Minors
Civil Procedure Trusts and Estates Property Law Open Justice Rectification of Instruments Anonymity Orders Private Hearings Confidentiality +1 more

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Parties

Timothy Edward Shuldham

Applicant

Her Majesty’s Revenue and Customs

Potential Respondent

Procedural Posture

Civil (part 8 Claim) / Application for Private Hearing and Anonymity Order Prior to Substantive Rectification Claim

Legal Issues

  1. 1 Whether the rectification claim should be heard in private
  2. 2 Whether the parties and subject matter should be anonymised

Ratio Decidendi

The application for a private hearing and anonymity order was refused because the applicant failed to demonstrate that such measures were necessary rather than merely convenient. The evidence did not establish a significant risk of denial of justice or harm to a minor, nor did it show that confidentiality concerns justified overriding the principle of open justice.

Court Disposition

Application dismissed

Orders

  • No order for private hearing granted
  • No order for anonymity granted