header-logo header-logo

Open sesame

13 July 2012 / David Burrows
Issue: 7522 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail
istock_000001465775medium_4

Can information disclosed in family proceedings be released to particular individuals or bodies, asks David Burrows

When may documents or other evidence which arises in family proceedings be released to third parties? Use of documents produced in family proceedings, or of information or other evidence, arising from the proceedings, and their disclosure to third parties raises three particular questions:

  • To what extent may such documents, information or other evidence be publicised generally?
  • Can disclosed documents or other information or evidence be released to particular individuals or bodies, such as HM Revenue and Customs (HMRC), the Child Support Agency—even the police—for uses separate from the family proceedings?
  • To what extent is it possible to secure the release to third parties, eg the police, of self-incriminating evidence given by parties to care proceedings under the protection of the Children Act 1989 (ChA 1989), s 98?

In this article the question arises in connection with the second of the above examples, specifically in relation to financial order (formerly ancillary relief) proceedings, where HMRC wishes

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll