An application was made in care proceedings for an order restricting publication of information about the family after the deaths of two siblings of the child subject to the application. The Sun and a local newspaper had already published stories which it was said were in breach of the order, and attempts were made to speak to family members.
Held: The existing order was varied. Baker J said: ‘What is the impact of the fact that a considerable amount of this information has already been published? A distinction can be drawn between, on the one hand, the information that children known to social services have died and that their mother has been arrested in connection with their deaths, and, on the other hand, intrusive reporting into the circumstances within the family home. The fact of the children’s deaths, that the mother has been arrested, and the involvement of social services is information already widely reported nationally and locally, and to my mind this is a factor against the injunction now sought on behalf of the mother. These facts are widely known and the likely effect of any repetition on the mother’s article 8 rights is to my mind limited so that the case for restraining republication is less strong. On the other hand, detailed accounts of life in the home have amounted to significant intrusion. To my mind, there is a stronger argument that re-publication of those details would have a significant impact on family members and would therefore amount to an interference with article 8 rights.’
Baker J
[2011] EWHC 1764 (Fam)
Bailii
Children Act 1989, European Convention on Human Rights 8 10
England and Wales
Citing:
Cited – D’Este v D’Este; D(J) v D(S) FD 1973
The husband had obtained a decree absolute of divorce against his wife. The matrimonial home had been conveyed to them jointly. He remarried and applied to the court for variation of the post-nuptial settlement. He died before the application was . .
Cited – Marckx v Belgium ECHR 13-Jun-1979
Recognition of illegitimate children
The complaint related to the manner in which parents were required to adopt their own illegitimate child in order to increase his rights. Under Belgian law, no legal bond between an unmarried mother and her child results from the mere fact of birth. . .
Cited – In re Z (A Minor) (Identification: Restrictions on Publication) CA 31-Jul-1995
The court was asked whether the daughter of Cecil Parkinson and Sarah Keays should be permitted to take part in a television programme about the specialist help she was receiving for her special educational needs.
Held: The court refused to . .
Cited – A v P (Surrogacy: Parental Order: Death of Applicant) FD 8-Jul-2011
M applied for a parental order under the 2008 Act. The child had been born through a surrogacy arrangement in India, which was lawful there, but would have been unlawful here. The clinic could not guarantee a biological relationship with the child. . .
Cited – Re Z (A Minor) (Freedom of publication) 1996
. .
Cited – In Re WM (Adoption: Non-Patrial) FD 1997
The court considered whether it was possible to make an adoption order notwithstanding that the applicants had separated as a couple.
Held: In making the order the court took into account the following: (a) the advantage to the child of . .
Cited – OPQ v BJM and CJM QBD 20-Apr-2011
The defendant was said to have attempted to blackmail the claimant by threatening to publish intimate photographs. The court had granted an injunction restraining publication and identification of the parties.
Held: As to the remedy of an . .
Cited – In re L (A Minor) (Commercial Surrogacy) FD 8-Dec-2010
The child had been born in Illinois as a result of a commercial surrogacy arrangement which would have been unlawful here. The parents applied for a parental order under the 2008 Act.
Held: The order was made, but in doing so he court had to . .
Cited – A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication) FD 14-Jul-2005
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly . .
Cited – Venables and Thompson v News Group Newspapers and others QBD 8-Jan-2001
Where it was necessary to protect life, an order could be made to protect the privacy of individuals, by disallowing publication of any material which might identify them. Two youths had been convicted of a notorious murder when they were ten, and . .
Cited – Bensaid v The United Kingdom ECHR 6-Feb-2001
The applicant was a schizophrenic and an illegal immigrant. He claimed that his removal to Algeria would deprive him of essential medical treatment and sever ties that he had developed in the UK that were important for his well-being. He claimed . .
Cited – Regina v A (Joinder of Appropriate Minister) HL 21-Mar-2001
An appeal was to be heard by the committee in which it was expected that a declaration of incompatibility would be considered in respect of legislation restricting the raising by a defendant on a charge of rape of the complainant’s sexual history. . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
goodwin_ngn4QBD11
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – Regina v A (Complainant’s Sexual History) (No 2) HL 17-May-2001
The fact of previous consensual sex between complainant and defendant could be relevant in a trial of rape, and a refusal to allow such evidence could amount to a denial of a fair trial to a defendant. Accordingly, where the evidence was so relevant . .
Cited – Carr v News Group Newspapers Ltd and Others QBD 24-Feb-2005
The claimant with a notorious criminal past sought an injuntion to protect her new identity.
Held: The order was made. . .
Cited – X, A Woman Formerly Known As Mary Bell v Stephen O’Brien, News Group Newspapers Ltd MGN Ltd QBD 21-May-2003
An injunction effective against the world, was granted to restrain any act to identify the claimant in the media, including the Internet. She had been convicted of murder when a child, and had since had a child herself. An order had been granted . .
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 – F v Newsquest Limited and others 1-Apr-2004
The court referred to the need for newspapers to be able to put a face or identity to a story. There was a ‘clear and compelling interest’ of the media and the public in the publication of the photograph of a person convicted of a serious crime so . .
Cited – McKennitt and others v Ash and Another QBD 21-Dec-2005
The claimant sought to restrain publication by the defendant of a book recounting very personal events in her life. She claimed privacy and a right of confidence. The defendant argued that there was a public interest in the disclosures.
Held: . .
Cited – CTB v News Group Newspapers Ltd and Thomas (2) QBD 23-May-2011
ctb_ngn2QBD11
The claimant had obtained a privacy injunction, but the name of the claimant had nevertheless been widey distributed on the Internet. The defendant newspaper now sought to vary the terms. The second defendant did not oppose the injunction. . .
Cited – Initial Services Ltd v Putterill CA 1967
The plaintiff’s sales manager resigned, but took with him confidential documents which he gave to a newspaper. The defendant sought to justify this, saying that the company had failed to register agreements it should have done under the Act.
Cited – British Broadcasting Company v Rochdale Metropolitan Borough Council and X and Y FD 24-Nov-2005
Application was made by the claimant for orders discharging an order made in 1991 to protect the identity of children and social workers embroiled in allegations of satanic sex abuse. The defendant opposed disclosure of the names of two social . .
Cited – JIH v News Group Newspapers Ltd QBD 5-Nov-2010
The court was asked as to the circumstances under which the identity of a claimant should be protected in an action where he sought to restrain the publication of private information about him.
Held: Tugendhat J accepted the proposition . .
Cited – In re Stedman FD 18-May-2009
An application was made for the continuation and extension of a reporting restriction order. The parents of the children were themselves under age, and there had been intense media interest.
Held: A privacy injunction was refused even after an . .
Cited – Terry (previously LNS) v Persons Unknown QBD 29-Jan-2010
The claimant (then known as LNS) had obtained an injunction to restrain publication of private materials.
Held: There was insufficient material to found an action in confidence or privacy. An applicant was unlikely to succeed either at an . .
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 – Pickering v Liverpool Post HL 1991
Lord Bridge said: ‘It is not, of course, possible to determine in advance what kind of public comment on pending proceedings would create a substantial risk on the course of justice will be seriously impeded or prejudiced. That is one reason why it . .
Lists of cited by and citing cases may be incomplete.
Children, Media, Human Rights
Updated: 02 November 2021; Ref: scu.441893