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HMRC v Banerjee
Held
Dismissing the application:
(1) B had a reasonable expectation of privacy in respect of financial and tax affairs; however
(2) The potent principle of open justice would have led to the rejection of a pre-hearing application for anonymity, had one been made; only in truly exceptional circumstances would taxpayer confidentiality prevail over open justice;
(3) The importance of publicity for a High Court judgment on deductibility of expenses reinforced the case against anonymisation;
(4) B's grounds for claiming privacy were not exceptional but weak, as there was nothing inherently sensitive or embarrassing about the information in question;
(5) Although there was no evidence the public hearing had attracted actual publicity, the touchstone was whether it was held in public; (6)
The orders sought would be difficult to police.