Showing posts with label legal costs. Show all posts
Showing posts with label legal costs. Show all posts

Wednesday, 10 February 2021

Costly nosiness

How much privacy are spouses entitled to when it comes to personal information about their financial transactions? Are they entitled to keep it secret or should they be more transparent?

Suspecting her husband of infidelity, Karen Santi opened one of his paper bank statements, read messages on his computer, and sent some of the information to a financial advisor.

It seems she didn't find any evidence of an affair, and her furious husband Lawrence retaliated by seeking a court non-disclosure order to stop her passing the information to anyone else.

The divorce case is continuing, but meanwhile Mrs Santi has been told to pay £54,000 of her husband's £90,000 legal costs, a sum she says will "wipe out her liquid assets".

She maintained that looking at the confidential information of the other in the context of a marriage breakdown was understandable.

Well, this situation would never arise for me and Jenny, because all our financial transactions are on joint accounts and neither of us have individual accounts. Whatever one of us spends is immediately visible to the other.

I can see the £100 she paid for that fancy handbag and she can see the £100 I spent on Calvin Klein underpants (just kidding).

So if one of us was shagging someone else, it would be obvious pretty quickly - that unexplained hotel bill or that purchase from Posh Frocks.

But if we had separate accounts, would I feel justified in having a furtive peek at my spouse's bank statements? If I suspected a clandestine affair, maybe I would. But I'd be more cunning about it and not leave any traces of my nosiness.

Not that either of us has any hankering for affairs. We have much more interesting and guilt-free ways of enjoying ourselves.

Karen Santi is paying a high price for her suspicions.

Pic: Karen Santi

Thursday, 26 March 2015

Toxic cake

The utterly absurd row over a gay-themed cake shows no signs of abating. The Northern Ireland bakery that refused to make the cake has been taken to court by the Equality Commission while Christian groups are weighing in with support for the bakery.

It all started in November last year when Ashers bakery rejected an order for a cake with the message "Support Gay Marriage" and the name of a gay organisation, Queerspace.

The bakery said their deeply-held Christian beliefs made it impossible to provide the cake, so the customer got it made by another bakery.

Ashers Bakery is now defending itself in court against the Equality Commission's charge of unlawful discrimination.

It's ridiculous that a disagreement over a cake should have escalated into a full court hearing with both sides earmarking thousands of pounds for the legal costs. The Equality Commission has already spent £8,500 on the case while Christian groups have pledged large sums in support of the bakery.

Surely the initial disagreement could have been settled in a few minutes in some simpler way?

The bakery could have taken the attitude that the message on the cake was the customer's concern and nothing to do with the bakery or its religious convictions. They could have easily baked the cake and ignored the message, just as they ignore a thousand other "irreligious" messages they come across.

Customer Gareth Lee could have shrugged off the ludicrous objections, got the cake made somewhere else (as he did) and thought nothing more of it. He could have simply dismissed the bakery staff as intolerant diehards incapable of treating other people as human beings rather than religious hate-figures.

But Mr Lee agreed to front an Equality Commission court case which turned the whole thing into a global cause célèbre in which Christians and gays have been hurling abuse at each other for months.

We now await the court's verdict. Even if Judge Isobel Brownlie decides in Mr Lee's favour, it will be a rather hollow victory, as the bakery won't be keen to change its practices. It may simply look for ways of getting round the law.

And the case has led to the infamous "conscience clause", a proposed law about to be debated at Stormont, which would allow Christian businesses to turn away gay customers whenever they felt like it.

This one will run and run.

Pic: the sinful cake

PS: The case has now finished, but the Judge will give her decision later. "It is not a straightforward area of the law. Obviously this is a case in which I propose to reserve my judgment."