In the case of (Nicole) Appleton v (Liam) Gallagher 2015, the Court considered the information the media is able to report in financial remedy proceedings.
A financial remedy dispute usually involves parties disclosing all information in respect of their finances. This information is considered to be private and confidential.
However, the media usually want to report the cases which will give rise to public interest (such as this case concerning the divorce of Liam Gallagher and Nicole Appleton).
Therefore, the Court has to carefully balance the rights of both parties under the European Convention of Human Rights, including Art 8 (right to privacy) and the Art 10 (right to freedom of expression of proceedings heard in open Court or in the presence of the media).
The Court confirmed that the attendance of the press at a financial remedy hearing does not give rise to the right to report these proceedings.
However, the media argued that there should not be a default privacy protection and they should be free to report the details of the case to allow them to inform the public.
The media may have an argument to report the proceedings, if there is an unusual set of facts, a legal principle which might affect future financial remedy cases, if the parties have tried to fight their case in the media, or if there is serious litigation conduct.
However, it was considered that the fame of the parties to the proceedings, will not justify the dispute being held in public.
It is considered that where the proceedings refer to private business, the right to privacy would triumph the right to freedom of expression.
Therefore, in these proceedings between Liam Gallagher and his former wife Nicole Appleton, the Court considered that if financial information had been compulsorily extracted it was subject to an implied undertaking that it would not be reported.
The media were however allowed to photograph the parties arriving and leaving the court and report basic facts.
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