Skeleton arguments: unwanted attention?

27 January 2023 / Andrew Fremlin-Key

Issue: 8010 / Categories: Features , Disclosure , Media

Inquisitive journalists, court documents & client privacy: Andrew Fremlin-Key recounts the lessons learned from Bouncylagoon

In brief

Covers recent caselaw on press applications for access to skeleton arguments and other court documents.
Refers to Bouncylagoon [2022] and Dring [2019].

In (the fantastically named) Bouncylagoon Ltd v Revenue and Customs Commissioners [2022] UKFTT 361 (TC) (Bouncylagoon), the First-tier Tribunal (Tax) (FTT) granted a BBC journalist’s application for access to electronic copies of the parties’ skeleton arguments, but refused her application for a copy of the hearing bundle on the facts of the case. This relatively short decision serves as a strong warning to practitioners against assuming that an early procedural hearing cannot lead to interest and attention from the press and/or requests for documents from inquisitive journalists looking to generate news stories. Lawyers will need to consider their clients’ position and advise them accordingly on the balance of information that is included in court documents.

Brief background

The decision relates to an application made by a BBC journalist

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Skeleton arguments: unwanted attention?

Inquisitive journalists, court documents & client privacy: Andrew Fremlin-Key recounts the lessons learned from Bouncylagoon

In brief

Covers recent caselaw on press applications for access to skeleton arguments and other court documents.
Refers to Bouncylagoon [2022] and Dring [2019].

Brief background

The decision relates to an application made by a BBC journalist

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

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Error message

Skeleton arguments: unwanted attention?

In brief

Brief background

In brief

Brief background

MOVERS & SHAKERS

Boies Schiller Flexner—Tim Smyth

Katten Muchin Rosenman—James Davison & Victoria Procter

HFW—Guy Marrison