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Procedure—Private hearings—Test for whether hearing in private

28 April 2011
Issue: 7463 / Categories: Case law , Law reports
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North Shore Ventures Ltd v Anstead Holdings Inc and others [2011] EWHC 910 (Ch), [2011] All ER (D) 174 (Apr)

Chancery Division, Floyd J, 13 Apr 2011

Where the question arises as to whether proceedings should be in private, there is no presumption that the hearing should continue in private simply because the case falls within CPR 39.2 and has been listed in private; the judge should consider all the circumstances.

John Machell (instructed by Cooke, Young & Keidan LLP) for the second and third defendants. Francis Tregear QC (instructed by Enyo Law) for the claimant.

The claimant company obtained judgment against the second and third defendants (the defendants) for a sum of approximately US$50m. The claimant obtained orders for the cross-examination of the defendants on their assets. Two cross-examination hearings were held, in July 2010 and December 2010 respectively. In February 2011, the Court of Appeal reduced the judgment in favour of the claimant by about $20m, and ordered a stay of execution of the judgement until the resolution of an application by the defendants to the Supreme Court. A third

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