Sinels -v- Hennessy and Others [2018] JRC 065A (27 March 2018)

Sinels -v- Hennessy and Others [2018] JRC 065A (27 March 2018)

Anonymization of the judgment is not justified as the proceedings were hostile, the client was not a party, the judgment contains no privileged material, and open justice outweighs the asserted privacy interests.

Citation
[2018] JRC 065A
Parties
Plaintiff: Sinels; Defendants: Hennessey and Others
Jurisdiction
Jersey
Judgment Date
27 March 2018
Procedural Posture
Application to Set Aside Service Out of Jurisdiction and Subsequent Application for Anonymization / Post Judgment, Application for Anonymization of Published Judgment
Outcome
Application for anonymization refused; costs awarded to first defendant.
Legal Topics
Anonymization of Judgments, Legal Professional Privilege, Open Justice Principle, Costs
Civil Procedure Legal Professional Privilege Open Justice Anonymization of Judgments Open Justice Principle Costs

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Parties

Sinels

Plaintiff

Hennessey and Others

Defendants

Procedural Posture

Application to Set Aside Service Out of Jurisdiction and Subsequent Application for Anonymization / Post Judgment, Application for Anonymization of Published Judgment

Legal Issues

  1. 1 Whether the published judgment should be anonymized to protect the identity of a non-party client
  2. 2 Whether legal professional privilege or confidentiality justifies anonymization in hostile proceedings

Ratio Decidendi

Anonymization of the judgment is not justified as the proceedings were hostile, the client was not a party, the judgment contains no privileged material, and open justice outweighs the asserted privacy interests.

Court Disposition

Application for anonymization refused; costs awarded to first defendant.

Orders

  • Plaintiff's application for anonymization is dismissed.
  • Plaintiff to pay first defendant's costs of and incidental to the application on the standard basis.