C (A Child) [2016] EWCA Civ 798 (29 July 2016)

C (A Child) [2016] EWCA Civ 798 (29 July 2016)

The risk that publication of the family court judgment would prejudice Mr Butler's right to a fair trial in the event of a retrial is negligible and outweighed by the public interest in open justice and the applicants' Article 10 rights. The judgment should be published with redactions to protect the child's identity.

Citation
[2016] EWCA Civ 798
Parties
Appellants: Guardian News & Media Ltd & Others; First Respondent: London Borough of Sutton; Subject Child: C (A Child); Parent: Mr Butler; Parent: Ms Gray
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Appeal / Court of Appeal Judgment on Appeal From High Court (family Division) Decision Refusing Publication of Judgment
Outcome
Appeal allowed
Legal Topics
Reporting Restrictions, Open Justice, Article 6 ECHR (right to Fair Trial), Article 8 ECHR (right to Private and Family Life), Article 10 ECHR (freedom of Expression), Publication of Family Court Judgments
Family Law Media Law Human Rights Reporting Restrictions Open Justice Article 6 ECHR (right to Fair Trial) Article 8 ECHR (right to Private and Family Life) Article 10 ECHR (freedom of Expression) +1 more

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Parties

Guardian News & Media Ltd & Others

Appellants

London Borough of Sutton

First Respondent

C (A Child)

Subject Child

Mr Butler

Parent

Ms Gray

Parent

Procedural Posture

Appeal / Court of Appeal Judgment on Appeal From High Court (family Division) Decision Refusing Publication of Judgment

Legal Issues

  1. 1 Whether the Family Court judgment in care proceedings should be published in the public domain despite prior reporting restrictions
  2. 2 Whether publication would prejudice the right to a fair trial under Article 6 ECHR in the event of a retrial

Ratio Decidendi

The risk that publication of the family court judgment would prejudice Mr Butler's right to a fair trial in the event of a retrial is negligible and outweighed by the public interest in open justice and the applicants' Article 10 rights. The judgment should be published with redactions to protect the child's identity.

Court Disposition

Appeal allowed

Orders

  • The family court judgment may be published with approved redactions to protect the identity of C.