The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private.
Held: Their appeal against the order allowing access failed. The normal rule is that such proceedings must be private. The court could deviate from this only for ‘good reason’.
The real question was whether and how the respondent’s article 10 right could be engaged and weighed. It would be difficult to find a case which might better demonstrate the proper workings of the Court of Protection. An appeal court sould interfere with a judge’s exercise of a discretion only where it was clearly wrong. ‘The fact that we take a different view from the judge (to whom Atkinson, Matky and Tarsasag were not cited) cannot possibly mean that his decision was flawed. If he had concluded that article 10 was engaged at an earlier stage than he concluded, it would, at best, have reinforced his view that the media had shown ‘good reason’ at the first stage of his two stage process (although, as explained above, we very much doubt that it would have affected his thought processes in any way.)’
Judge LCJ, Neuberger MR, Sir Mark Potter
 EWCA Civ 343, (2010) 113 BMLR 162,  3 All ER 32,  1 WLR 2262,  2 FLR 1290,  Fam Law 705,  2 FCR 187
Mental Capacity Act 2005, Administration of Justice Act 1960 12, European Convention on Human Rights 8 10, Human Rights Act 1998 12(4)
England and Wales
Appeal from – Independent News and Media Ltd and Others v A FD 12-Nov-2009
A, an adult and severely disabled, still had remarkable gifts. The newspapers wished to attend and report on proceedings before the Court of Protection.
Held: Proceedings in the Court fell within the range of recognised exception for open . .
Approved – Lord Browne of Madingley v Associated Newspapers Ltd CA 3-Apr-2007
The appellant sought to restrict publication by the defendants in the Mail on Sunday of matters which he said were a breach of confidence. He had lied to a court in giving evidence, whilst at the same time being ready to trash the reputation of his . .
Cited – B v The United Kingdom; P v The United Kingdom ECHR 2001
The provisions of rule 4.16(7) providing for confidentiality in children proceedings were Convention compliant: ‘such proceedings are prime examples of cases where the exclusion of the press and public may be justified in order to protect the . .
Cited – Leander v Sweden ECHR 26-Mar-1987
Mr Leander had been refused employment at a museum located on a naval base, having been assessed as a security risk on the basis of information stored on a register maintained by State security services that had not been disclosed him. Mr Leander . .
Cited – In re Guardian News and Media Ltd and Others; HM Treasury v Ahmed and Others SC 27-Jan-2010
Proceedings had been brought to challenge the validity of Orders in Council which had frozen the assets of the claimants in those proceedings. Ancillary orders were made and confirmed requiring them not to be identified. As the cases came to the . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited – Atkinson and Crook and The Independent v United Kingdom ECHR 3-Dec-1990
(European Commission of Human Rights) The Commission answered a question as to admissibility, namely whether the sentencing of a convicted criminal defendant in private infringed article 10. The complainants were two freelance journalists.
Cited – Tarsasag A Szabadsagjogokert v Hungary ECHR 13-Nov-2008
The Hungarian Civil Liberties Union sought access to details of a legal challenge filed by a Hungarian parliamentarian in the Hungarian Constitutional Court concerning the constitutionality of legislative amendments to the Hungarian Criminal Code. . .
Cited – Al Rawi and Others v The Security Service and Others CA 4-May-2010
Each claimant had been captured and mistreated by the US government, and claimed the involvement in and responsibility for that mistreatment by the respondents. The court was asked whether a court in England and Wales, in the absence of statutory . .
Cited – Guardian News and Media Ltd, Regina (on The Application of) v City of Westminster Magistrates’ Court and Another CA 25-Oct-2011
The claimant newspaper sought to appeal against a refusal by the respondent to disclose papers filed in a case before it. The court considered whether it had jurisdiction to hear an appeal.
Held: Under the 1981 Act no appeal would lie if the . .
Cited – Kennedy v Charity Commission CA 20-Mar-2012
The claimant sought disclosure of an investigation conducted by the respondent. The respondent replied that the material was exempt within section 32(2). The court had found that that exemption continued permanently even after the inquiry was . .
Cited – Bank Mellat v Her Majesty’s Treasury (No 1) SC 19-Jun-2013
Closed Material before Supreme Court
Under the 2009 order, the appellant Bank had been effectively shut down as to its operations within the UK. It sought to use the appeal procedure, and now objected to the use of closed material procedure. The Supreme Court asked itself whether it . .
Cited – MX v Dartford and Gravesham NHS Trust and Others CA 17-Feb-2015
Application was made for approval of a compromise of a claim for damages for personal injury for the child. The court now considered whether an order should be made to protect the identity of the six year old claimant.
Held: An order should . .
Lists of cited by and citing cases may be incomplete.
Media, Contempt of Court, Health, Human Rights
Updated: 01 November 2021; Ref: scu.406622