Kelley (A Minor) v BBBC [2000] EWHC 3 (Fam) (25 July 2000)

Kelley (A Minor) v BBBC [2000] EWHC 3 (Fam) (25 July 2000)

The media does not require the leave of the court to interview or broadcast an interview with a ward of court unless specifically injuncted. The mere fact of wardship does not make such acts contempt of court. Injunctive relief restraining publication or broadcast can only be granted where convincingly justified as necessary and proportionate to protect the child's welfare or the administration of justice. In this case, the injunction was not justified on the evidence and was discharged.

Citation
[2000] EWHC 3 (Fam)
Parties
Applicant/grandmother: Ruth Kelly; Ward/subject Child: Bobby Kelly; Respondent/media Organisation: BBC
Jurisdiction
England and Wales
Judgment Date
25 July 2000
Procedural Posture
Wardship/injunction Application / Judgment on Application to Discharge Media Injunction
Outcome
Injunction discharged
Legal Topics
Wardship, Freedom of Expression, Injunctions Contra Mundum, Children's Welfare, Contempt of Court, Publication Restrictions
Family Law Media Law Human Rights Wardship Freedom of Expression Injunctions Contra Mundum Children's Welfare Contempt of Court +1 more

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Parties

Ruth Kelly

Applicant/grandmother

Bobby Kelly

Ward/subject Child

BBC

Respondent/media Organisation

Procedural Posture

Wardship/injunction Application / Judgment on Application to Discharge Media Injunction

Legal Issues

  1. 1 Whether the BBC requires leave of the court to interview or broadcast an interview with a ward of court
  2. 2 Whether the injunction restraining publication/broadcast of communications from or about Bobby Kelly should be continued or discharged
  3. 3 The scope of the court's power to restrain media publication in wardship cases

Ratio Decidendi

The media does not require the leave of the court to interview or broadcast an interview with a ward of court unless specifically injuncted. The mere fact of wardship does not make such acts contempt of court. Injunctive relief restraining publication or broadcast can only be granted where convincingly justified as necessary and proportionate to protect the child's welfare or the administration of justice. In this case, the injunction was not justified on the evidence and was discharged.

Court Disposition

Injunction discharged

Orders

  • The injunction restraining publication or broadcast of communications from or about Bobby Kelly is discharged.
  • No further leave of the court is required by the BBC to broadcast the interview, subject to compliance with statutory restrictions.