Have We Been Getting It Wrong for the Past 75 Years? Privacy, Secrecy and the Financial Remedies Court

The Go-Between by L.P. Hartley starts with one of the most celebrated opening lines in literature:‘The past is a foreign country; they do things differently there.’Historically, the same could be said of the Family Division, where a husband or…

• Blog

• Publicity and Confidentiality

• Alexander Chandler KC

!22/11/2022 17:00

X v C [2022] EWFC 7912 July 2022

HHJ Farquhar.Modest asset financial remedy case published as part of commitment to publication of court judgments at all levels. Assets comprised FMH H’s sole name, net equity c.£258k; a house owned by W and her former husband in which the latt…

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• Housing Need
• Pensions on Divorce
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• Section 25(1) First Consideration
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• Polly Morgan | Case Editor

Gallagher v Gallagher (No.1) (Reporting Restrictions) [2022] EWFC 5213 June 2022

Mostyn J.Application for a reporting restriction order ('RRO'), alternatively an anonymity order. Reference to proceedings 'in private' in FPR 27.10 and 27.11 does not impose secrecy as to the facts of the case. Rather, the correct interpretation of these…

• Cases

• Publicity and Confidentiality
• Reporting Restriction Order

• Stephanie Coker

Very Much Ancillary

A lot has been written of late about the privacy (or otherwise) of family money cases, and all of it by men with big brains and a lot of words. As someone who hasn’t conducted a money case for some years (not great with numbers, me), I would not dare to o…

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• Transparency
• Publicity and Confidentiality

• Lucy Reed

!31/05/2022 11:57

XZ v YZ [2022] EWFC 4920 May 2022

Mostyn J.H’s application for a reporting restriction order (RRO) against background of Mostyn J’s decision in Xanthopoulos v Rakshina ⁠[2022] EWFC 30 that a financial remedy judgment (which is not mainly about child maintenance) may be fully repor…

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• Publicity and Confidentiality

• Polly Morgan | Case Editor

The Insolvency Service v Becker & Anor [2020] EWHC 2546 (Fam)25 September 2020

Mostyn J.The Insolvency Service brought criminal proceedings against the tennis player Boris Becker, alleging that he had failed to disclose all his assets. One count of alleged non-disclosure related to the existence of the BB Settlement, a trust establi…

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• Publicity and Confidentiality
• Disclosure
• Bankruptcy

• Polly Morgan | Case Editor

Xanthopoulos v Rakshina [2022] EWFC 3012 April 2022

Mostyn J.Comprehensive survey of law on anonymisation of judgments; [74]–[142]. Correct question is 'Why is it in the public interest that the parties should be anonymous?' rather than 'Why is it in the public interest that the parties should be named?'…

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• Release from Undertakings
• Publicity and Confidentiality
• Costs
• Overseas Divorce and the 1984 Act
• Legal Services Payment Orders

• Polly Morgan | Case Editor

A v M [2021] EWFC 895 November 2021

Mostyn J.H worked in private equity and had set up two funds of his own, W was the beneficiary of valuable trust funds. Mostyn J set out a detailed method for dealing with H’s carried interest (in his view a hybrid resource, neither exclusively return on…

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• Sharing Principle
• Publicity and Confidentiality
• Clean Breaks and Term Maintenance
• Costs
• Add-Backs

• Alexandra Hampton | Assistant Case Editor

BT v CU [2021] EWFC 871 November 2021

H’s application to set aside financial remedy order on basis that the downturn in his company’s value during the covid-19 pandemic constituted a Barder event (Barder v Barder [1988] AC 20). In order to succeed, H had to meet four conditions set out in Bar…

• Cases

• Publicity and Confidentiality
• 'Thwaite Jurisdiction'
• Executory Orders
• Setting Aside Orders (Including Barder Applications)

• Polly Morgan | Case Editor