Anonymity – balance in favour of open justice
Ruling on an application by the Defendant for anonymity.
Held: Refused: ‘The mental health condition of the Defendant and the impact of the judgment on his family relationships are, therefore, relevant factors to take into account, but they do not of themselves mean that anonymity should be granted. Rather, it is necessary to consider all of the circumstances of the case, and balance the competing interests of the Defendant, on the one hand, and the public interest in open justice, on the other.’
Mrs Justice Bacon
[2021] EWHC 2999 (Ch)
Bailii
England and Wales
Citing:
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 – HM Revenue and Customs v Banerjee (No 2) ChD 19-Jun-2009
The court was asked whether the taxpayer dermatologist could deduct the expenses of attending educational courses, conferences and meetings, including associated costs of travel and accommodation.
Held: She could.
The defendant requested . .
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 . .
Cited – Imam, Regina (on The Application of) v The London Borough of Croydon Admn 26-Mar-2021
Conditions for Anonymity Orders
The claimant sought judicial review of the Defendant’s failure to provide suitable accommodation under its duty under section 193(2) of the 1996 Act. The Defendant admitted breach of its statutory duty because the accommodation that it was providing . .
Cited – XXX v Camden London Borough Council CA 11-Nov-2020
Anonymity in Court Proceedings – No two stage test
XXX appealed against the refusal to make orders anonymising her name and redacting certain details from published judgments. The appeal raised a point about the proper approach to applications for anonymisation under CPR 39.2. She brought . .
Cited – Zeromska-Smith v United Lincolnshire Hospitals NHS Trust QBD 8-Mar-2019
The Claimant sought damages for psychiatric injury arising out of the stillbirth of her daughter, and contended that if distressing details about the stillbirth and her subsequent mental illness were publicly reported, then that would further damage . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Contempt of Court
Updated: 20 November 2021; Ref: scu.669820
