Drawing a veil? Privacy and anonymity in trusts and capacity proceedings

Abstract

Abstract The open justice principle enshrined 110 years ago as a fundamental right at common law by the House of Lords judgment in Scott v Scott [1913] AC 417 remains as central as ever to civil proceedings in England and Wales. However, its precise ambit and content continue to provoke discussion. Where the court is not adjudicating on rival claims in hostile litigation, but is instead administering the affairs of an individual who lacks capacity or a trust, or an estate, this causes particular difficulty. To what extent, if any, does the open justice principle apply to such proceedings? This article will examine how the courts—not only in England and Wales but also by way of comparison in offshore jurisdictions—have answered this question in recent years.