Mary Lazarus successfully obtained a highly exceptional order for an Applicant Father whose ex-wife was in the throes of a massive benefit fraud trial, based on her fraudulent claims that her children were disabled. Her trial involved extensive exposure of five of her eight children’s private lives, and her defence involved detailed trawls through their medical records.

Cobb J was prepared to order that her identity, in addition to the Father’s and all the children’s, should be prohibited from being reported during the currency of her trial (Z & Ors v News Group Newspapers Ltd & Ors (Judgment 1) [2013] EWHC 1150 (Fam) (07 May 2013)), following the recent decision of Peter Jackson J in A Council v M & Others [2012] EWHC 2038 (Fam) [see discussion on our web content here].

A review of his first decision, as the end of the criminal proceedings approached, involved a reconsideration of the issues in the event that she were to be convicted; and led to Cobb J’s decision that the children and Father should still benefit from protection, but that her name as a convicted fraudster could be published (Z & Ors v News Group Newspapers Ltd & Ors (Judgment 2) [2013] EWHC 1371 (Fam) (21 May 2013)).

JUDGMENT 1 – http://www.bailii.org/ew/cases/EWHC/Fam/2013/1150.html
JUDGMENT 2 – http://www.bailii.org/ew/cases/EWHC/Fam/2013/1371.html

MARY LAZARUS

30th May 2013