A husband and wife were involved in matrimonial litigation. Both asked for an order scaling their court
Question:
A husband and wife were involved in matrimonial litigation. Both asked for an order scaling their court file and stating that they and their children were to be identified by their inibals. The basis for the request was the risk of harm to the children, given their vulnerable stele, the family's high profile, and the nature of the intended proceedings. The Court accepted that the children were at risk of significant emotional harm and Noga-Live repercussions, but it refused to seal the entire court file. Why wouldn't the Court seal the entire file, when both parties requested that it be scaled? What type of information did the Court decision would be left open to the public? Discuss the arguments for giving the public access to such personal and private matters.
1. You are a group of young law students analyzing past cases for educational purposes.
2. Give a background and summary of the case.
3. What is the major type of law involved?
4. What are the key legal aspects that the case deals with
5. Are there precedents which support or go against the decision made? Are there other precedents which should have been considered.
6. Give your analysis of the judgement made. Is it supportable in your group’s opinion? Did the judge miss anything you would have considered ?