Paying for privacy?

Stuart Clark partner at The International Family Law Group LLP examines a recent Court of Appeal decision on privacy in family law cases and asks whether in practice anonymity is the preserve of only the very wealthy.

The Court of Appeal in XW v XH [2019] EWCA Civ 549 acceded to the wife’s application for anonymisation and restrictions in respect of the reporting to the public of the details of a substantive appeal. The wife is appealing a decision of Baker J in the High Court dealing with the financial outcome of her and her husband’s finances upon divorce.

Baker J at first instance made reporting restrictions under the Family Procedure Rules and the Court of Appeal were asked to continue those restrictions under the Civil Procedure Rules which govern appeal to that Court. 

The test to be applied differs between the High Court and Court of Appeal. At first instance under the FPR hearings are in private although accredited media are permitted to attend. On appeal under the CPR hearings are in public albeit CPR r.39.2 provides exceptions whereby...

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