Divorce, Media and Privacy
In the judgement referred to as 2015 EWHC 2621 (Fam), issues arose as to whether family proceedings should be heard in open Court.
The Court considered Art 8 (right to privacy) and Art 10 (freedom of expression) of the European Convention on Human Rights, as well as the Practice Direction which provided guidance in respect of the attendance of media in family proceedings.
The Court considered that whilst the publicity of proceedings was not an absolute principle, the principle of open justice had deep roots.
The Court carefully considered the balancing exercise between Art 8 right to privacy and Art 10 right to freedom of expression of proceedings heard in open Court or in the presence of the media.
There is a presumption that financial remedy proceedings should be heard in private, which should be followed unless there is good reason not to do so.
It is considered that where the proceedings refer to private business, the right to privacy would triumph the right to freedom of expression.
The Court confirmed that financial proceedings were private business and therefore were protected by the anonymity principle.
Therefore, if the rule provided for financial proceedings to be held in public, the parties are entitled to anonymity and confidentiality of their financial affairs.
In view of this, it was felt the privacy and anonymity should be respected.
The Court therefore made an order prohibiting the media from publishing a report which referred to or concerned any of the parties’ financial information.
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.
Links to the offices.
Eastbourne, Hailsham, Polegate, Meads
