Clibbery v Allen
[2002] Fam 261 paras 17 and 51; Norman v Norman [2017] EWCA Civ 49
.
(4)
In financial remedy proceedings, however, there is an obligation on the litigants to give full and frank disclosure of all relevant matters. The quid pro quo of this obligation is the confidentiality which attaches to all information disclosed within the proceedings. The party receiving the confidential information is subject to an implied undertaking not to use it for any purpose other than within the proceedings in which the information has been disclosed. "Information disclosed under the compulsion of ancillary relief proceedings is … protected by the implied undertaking before, during and after the proceedings are completed" (per Butler-Sloss P in Clibbery v Allen
, supra, para 72). (5)
Any disclosure by a party of information arising from financial proceedings amounts to a breach of confidence and a contempt of court unless authorised by the judge. (6)
In deciding whether to restrict or permit disclosure or publication of information relating to financial remedy proceedings, and, if so, on what terms, the court has to balance the conflicting rights and interests under ECHR , in particular articles 6 , 8 and 10 , applying the well-established principles identified in the case law, in particular
- The Hon. Mr Justice Cohen :
- Appleton v Gallagher & others [2015]
- EWHC 2689 (Fam)
- Sir Frederick Barclay
- The Court Order
- H’s submissions
- W’s submissions
- The Media
- The wider family (The Interested Parties)
- Discussion
- XW v XH (No.2) [2018] EWFC 44
- [1913] AC 417
- Family Procedure Rules ("FPR") rule 27.10
- Clibbery v Allen
- [2005] 1 AC 593
- , [2012]
- Lykiardopulo
- (Fam)
- Appleton v Gallagher [2015] EWHC 2689
- [2017] EWFC 25
- [2010] EWCA Civ 1315
- McCartney v Mills
- McCartney [2008] EWH 401 (Fam)
- the press
- The criticisms made of H
- FLR 681
- Conclusion
