Confidentiality in Matrimonial Proceedings
Divorce
In the case of Associated Newspapers Ltd v. Bannatyne (2015), the Court considered whether the newspaper was able to disclose certain documents.
This case relates to the business man, Mr Duncan Bannatyne, who is well known for his involvement in Dragons Den.
Mr Bannatyne was being sued in the Companies Court by his former business associate, Mr Armstrong.
In these proceedings, Mr Armstrong disclosed that Mr Bannatyne had allegedly lied in a witness statement during his matrimonial proceedings. Mr Bannatynes’ divorce proceedings had been finalised before this issue arose.
In view of this disclosure, Associated Newspapers Limited, wanted to report that Mr Bannatyne had allegedly lied in his divorce proceedings.
Mr Bannatyne sought to prevent the Newspaper publishing this information.
Therefore, the Court considered whether or not confidentiality attached to the contents of Mr Bannatynes witness statement which was produced in matrimonial proceedings.
The Court held that confidentiality did attach to Mr Bannatynes’ witness statement, as it was made in matrimonial proceedings.
Therefore, the Court subsequently considered whether the disclosure was justified due to the iniquity exception (i.e. whether Mr Bannatyne intended to deprive his wife of the information or committed a fraudulent act by not disclosing the information and therefore the disclosed was justified).
The Court held that the exception did apply and therefore the Associated Newspapers Limited were entitled to obtain copies of the witness statement. This is because it is in the public’s interest to expose the attempts to mislead the Court, even if the person subsequently corrects the positon.
This case shows that those who provide false evidence in matrimonial proceedings, cannot expect to maintain confidentiality.
If you need assistance in respect of your matrimonial affairs, whether this is in respect of issues concerning a divorce and the related financial aspects, children, injunctions or cohabitation disputes, please contact our offices on 01323 727321 to arrange an appointment.
Please note that the family department offer a free initial 30 minute interview to provide general advice and guidance in relation to your matter.
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