ON APPEAL FROM BROMLEY COUNTY COURT
HER HONOUR JUDGE ATKINSON
BR13D00116
Strand, London, WC2A 2LL |
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B e f o r e :
LADY JUSTICE BLACK
and
LADY JUSTICE KING
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JOHN LINDNER |
Appellant |
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- and - |
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SHARON RAWLINS |
Respondent |
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Respondent did not appear and was not represented
Hearing date: 29th January 2015
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Crown Copyright ©
Lady Justice Black:
i) "He is jealous of his wife seeing IP."
ii) "The offender is said to be homophobic and very jealous/unsatisfied with the new relationship."
iii) "The IP is the new partner of a female named Sharon Lindner who is the estranged wife of a male who I believe is known to you, called John Lindner."
The legal basis for an order such as the husband wants
"23. What does that approach require? First, obligations in relation to disclosure and inspection arise only when the relevance test is satisfied. Relevance can include "train of inquiry" points which are not merely fishing expeditions. This is a matter of fact, degree and proportionality. Secondly, if the relevance test is satisfied, it is for the party or person in possession of the document or who would be adversely affected by its disclosure or inspection to assert exemption from disclosure or inspection. Thirdly, any ensuing dispute falls to be determined ultimately by a balancing exercise, having regard to the fair trial rights of the party seeking disclosure or inspection and the privacy or confidentiality rights of the other party and any person whose rights may require protection. It will generally involve a consideration of competing ECHR rights. Fourthly, the denial of disclosure or inspection is limited to circumstances where such denial is strictly necessary. Fifthly, in some cases the balance may need to be struck by a limited or restricted order which respects a protected interest by such things as redaction, confidentiality rings, anonymity in the proceedings or other such order. Again, the limitation or restriction must satisfy the test of strict necessity."
The husband's appeal
Lady Justice King
Lord Justice Aikens