C (A Child)

C (A Child)

The risk of prejudice to Mr Butler's right to a fair trial from publication of the family court judgment is negligible and outweighed by the public interest in open justice and media freedom. The court has inherent jurisdiction to order publication, and the Practice Guidance requires publication unless compelling reasons exist. No compelling reason was shown, and necessary redactions can protect C's interests.

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 / Judgment on Appeal From High Court Decision Refusing Publication of Family Court Judgment
Outcome
Appeal allowed
Legal Topics
Reporting Restrictions, Open Justice, Article 6 ECHR (fair Trial), Article 10 ECHR (freedom of Expression), Inherent Jurisdiction, Publication of Judgments
Family Law Media Law Human Rights Reporting Restrictions Open Justice Article 6 ECHR (fair Trial) Article 10 ECHR (freedom of Expression) Inherent Jurisdiction +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 / Judgment on Appeal From High Court Decision Refusing Publication of Family Court Judgment

Legal Issues

  1. 1 Whether the family court judgment in care proceedings should be published despite prior reporting restrictions
  2. 2 Whether publication would prejudice the right to a fair trial under Article 6 ECHR
  3. 3 Whether the court has jurisdiction to order publication

Ratio Decidendi

The risk of prejudice to Mr Butler's right to a fair trial from publication of the family court judgment is negligible and outweighed by the public interest in open justice and media freedom. The court has inherent jurisdiction to order publication, and the Practice Guidance requires publication unless compelling reasons exist. No compelling reason was shown, and necessary redactions can protect C's interests.

Court Disposition

Appeal allowed

Orders

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