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06 November 2009 / Jamie Wilson , Sarah Whitten
Issue: 7392 / Categories: Features , Family
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A clear cut view?

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

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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