Al M (Publication)

Al M (Publication)

The overwhelming public interest in publication, combined with the urgent welfare need to correct false narratives affecting the mother and children, outweighs the risks of negative media attention and the father's opposition. Immediate publication of the fact-finding and assurances/waiver judgments is necessary to meet both Article 10 and Article 8 ECHR requirements. Identification of the children by name, age, and gender is permitted due to the information already being public. Journalists may report proceedings relevant to the judgments, but working documents are not to be published.

Parties
Applicant Father: His Highness Sheikh Mohammed bin Rashid Al Maktoum; Respondent Mother: Her Royal Highness Princess Haya bint Al Hussein; Respondent Child: Sheikha Al Jalila bint Mohammed bin Rashid Al Maktoum; Respondent Child: Sheikh Zayed bin Mohammed bin Rashid Al Maktoum; Interested Party: Media Organisations
Jurisdiction
England and Wales
Judgment Date
27 January 2020
Procedural Posture
Wardship Proceedings / Interlocutory Judgment on Publication and Reporting Restrictions
Outcome
Immediate publication of fact-finding and assurances/waiver judgments permitted, subject to a 7-day stay for appeal.
Legal Topics
Reporting Restrictions, Freedom of Expression, Children's Welfare, Privacy, Publication of Judgments
Family Law Human Rights Law International Law Reporting Restrictions Freedom of Expression Children's Welfare Privacy Publication of Judgments

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Parties

His Highness Sheikh Mohammed bin Rashid Al Maktoum

Applicant Father

Her Royal Highness Princess Haya bint Al Hussein

Respondent Mother

Sheikha Al Jalila bint Mohammed bin Rashid Al Maktoum

Respondent Child

Sheikh Zayed bin Mohammed bin Rashid Al Maktoum

Respondent Child

Media Organisations

Interested Party

Procedural Posture

Wardship Proceedings / Interlocutory Judgment on Publication and Reporting Restrictions

Legal Issues

  1. 1 Whether to permit publication of fact-finding and assurances/waiver judgments
  2. 2 Whether to allow identification of children
  3. 3 Whether to allow reporting of court proceedings by journalists

Ratio Decidendi

The overwhelming public interest in publication, combined with the urgent welfare need to correct false narratives affecting the mother and children, outweighs the risks of negative media attention and the father's opposition. Immediate publication of the fact-finding and assurances/waiver judgments is necessary to meet both Article 10 and Article 8 ECHR requirements. Identification of the children by name, age, and gender is permitted due to the information already being public. Journalists may report proceedings relevant to the judgments, but working documents are not to be published.

Court Disposition

Immediate publication of fact-finding and assurances/waiver judgments permitted, subject to a 7-day stay for appeal.

Orders

  • Fact-finding judgment to be made public
  • Assurances and waiver judgment to be made public