Reporting Financial Remedies Cases: An Important Initiative

A comment by Sir James Munby on the Consultation Paper dated 28 October 2021 published by the FRC Lead Judges

In a paper which I prepared for the recent At A Glance Conference on 13 October 2021 I suggested in the course of a wide-ranging discussion of accountability and accessibility as core components of transparency that there needed to be for use in the Financial Remedies Court (FRC) a similar form of standard Reporting Restriction Order (RRO) to that which is used in the Court of Protection (COP). This lies at the heart of the very successful move to open COP up and because of the way it is drafted avoids the need for endless debate about the meaning and reach of section 12 of the Administration of Justice Act 1960. I asked: “Is there not a need for a similar form of order for use in FRC which would enable us in the same way to ‘park’ to bypass analogous debates about the reach of the 1926 Act and of Clibbery v Allen?” Answering my own question I said: “I...

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