header-logo header-logo

A clear cut view?

06 November 2009 / Jamie Wilson , Sarah Whitten
Issue: 7392 / Categories: Features , Family
printer mail-detail

Sarah Whitten & Jamie Wilson consider the pros & cons of litigating in the public eye

Since April the media have been entitled to act, in Munby LJ’s words,  “as the eyes and ears of the public and as a watchdog” (Spencer v Spencer [2009] EWHC 1529), albeit within certain parameters.

Although an initial outbreak of media attendance was predicted, the media’s interest has waned, except in respect of high-profile celebrity cases. There is, therefore, limited case law on which to draw guidance and the cases below provide an insight into the practical application to date of the recent changes.

Spencer v Spencer

Spencer v Spencer came before Munby LJ. The parties (both of whom are in the public eye) made a joint application to exclude the media from ancillary relief proceedings. Further to this judgment, practitioners should note the following:

Before exercising any discretion, the court must allow any representative of the media who is in attendance an opportunity to make representations.

The courts have jurisdiction to grant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll