W’s submissions
12. H has been the subject of serious criticism in the judgment. i)Whilst H may wish to maintain his privacy, W wishes to exercise her right of freedom of expression. Neither party’s wish trumps that of the other. W does not wish to be silenced about the way that H has behaved before and during the litigation. ii)H overstates the intrusion which he or members of the family will suffer by publication. There is no evidence that anyone other than H would be affected by full publication of the judgment (redacted only to remove reference to H’s health issues). The fact that the Barclay family do not like their financial and tax affairs being discussed is immaterial. They are in the public eye and indeed H has initiated widely reported proceedings against his nephews in the Queen’s Bench Division. iii)The public have a right to know of the way that H has behaved, as set out in the judgment. His behaviour has removed his right to privacy.
- 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
