Palmeira Square Nos 2-6 Ltd v Hoogstraten [2002] EWCA Civ 393 (12 March 2002)

Palmeira Square Nos 2-6 Ltd v Hoogstraten [2002] EWCA Civ 393 (12 March 2002)

The risk of prejudice to the criminal trial from reporting is not insubstantial and cannot be eliminated by less restrictive means; the applicant's right to a fair trial outweighs media and public interest in reporting; order to postpone publication is necessary and proportionate.

Citation
[2002] EWCA Civ 393
Parties
Claimant/respondent: Palmeira Square Nos 2-6 Limited; Defendant/applicant: Nicholas van Hoogstraten
Jurisdiction
England and Wales
Judgment Date
12 March 2002
Procedural Posture
Civil Appeal / Application for Reporting Restriction Pending Criminal Trial
Outcome
Application granted
Legal Topics
Reporting Restrictions, Fair Trial Rights, Freedom of Expression
Contempt of Court Media Law Human Rights Reporting Restrictions Fair Trial Rights Freedom of Expression

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Parties

Palmeira Square Nos 2-6 Limited

Claimant/respondent

Nicholas van Hoogstraten

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Reporting Restriction Pending Criminal Trial

Legal Issues

  1. 1 Whether reporting of proceedings should be postponed to avoid prejudice to pending criminal trial
  2. 2 Balancing fair trial rights against media/public interest in reporting

Ratio Decidendi

The risk of prejudice to the criminal trial from reporting is not insubstantial and cannot be eliminated by less restrictive means; the applicant's right to a fair trial outweighs media and public interest in reporting; order to postpone publication is necessary and proportionate.

Court Disposition

Application granted

Orders

  • Publication of any report of these proceedings postponed until after verdict in criminal trial under section 4(2) Contempt of Court Act 1981