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A clear cut view?

06 November 2009 / Jamie Wilson , Sarah Whitten
Issue: 7392 / Categories: Features , Family
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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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