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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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NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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