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13 July 2012 / David Burrows
Issue: 7522 / Categories: Features , Divorce , Family , Ancillary relief
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Open sesame

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Can information disclosed in family proceedings be released to particular individuals or bodies, asks David Burrows

When may documents or other evidence which arises in family proceedings be released to third parties? Use of documents produced in family proceedings, or of information or other evidence, arising from the proceedings, and their disclosure to third parties raises three particular questions:

  • To what extent may such documents, information or other evidence be publicised generally?
  • Can disclosed documents or other information or evidence be released to particular individuals or bodies, such as HM Revenue and Customs (HMRC), the Child Support Agency—even the police—for uses separate from the family proceedings?
  • To what extent is it possible to secure the release to third parties, eg the police, of self-incriminating evidence given by parties to care proceedings under the protection of the Children Act 1989 (ChA 1989), s 98?

In this article the question arises in connection with the second of the above examples, specifically in relation to financial order (formerly ancillary relief) proceedings, where HMRC wishes

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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