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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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