Source: All England Reporter
Publisher Citation: [2001] All ER (D) 479 (Jul)
Court: Court of Appeal, Civil Division
Judge:

Hale LJ and Wilson J
Representation Christopher Aylwin (instructed by Bell Pope, Southampton) for the claimants.
  Timothy Sisley (instructed by Coffin Mew & Clover, Southampton) for the defendant.
Judgment Dates: 4 July 2001

Catchwords

Disclosure - Confidential information - Affidavit of means - Documents filed in matrimonial proceedings - Court allowing defendant's appeal against order to disclose affidavit of means in partnership proceedings - Conflict between spouses' right to confidentiality in matrimonial proceedings and appellant's right to fair trial - Whether judge carrying out proper balancing exercise of factors relevant to disclosure of affidavits.

The Case

An application for disclosure and inspection of affidavits of means sworn by a party in matrimonial proceedings for use in separate civil proceedings, to which he was party, caused a conflict between the rights of the spouses, on the one hand, and of those in the position of the claimants, in the instant case, to a fair hearing in the determination of their civil rights and obligations under art6. Furthermore, the confidentiality of the matrimonial proceedings favoured the rights of the spouses to respect for their private and family life under art8, which had to be set against the rights of the those in the position of the claimants under art6. In the instant case, the proper balancing exercise of the factors relevant to the disclosure of the affidavits had not been carried out. Accordingly, the appeal would be allowed.

Practice Areas

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