Al M (Publication) [2020] EWHC 122 (Fam) (27 January 2020)

Al M (Publication) [2020] EWHC 122 (Fam) (27 January 2020)

The overwhelming public interest in publication, the need to correct false and damaging narratives affecting the welfare of the children and mother, and the international significance of the findings outweigh the risks of adverse publicity. Publication of the fact-finding and assurances/waiver judgments, and limited...

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Citation
[2020] EWHC 122 (Fam)
Parties
Applicant Father: His Highness Sheikh Mohammed bin Rashid Al Maktoum; Respondent Mother: Her Royal Highness Princess Haya bint Al Hussein; Second Respondent Child: Sheikha Al Jalila bint Mohammed bin Rashid Al Maktoum; Third Respondent Child: Sheikh Zayed bin Mohammed bin Rashid Al Maktoum; Interveners: Media Organisations (Associated Newspapers Ltd, BBC, Financial Times Ltd, Guardian News & Media Ltd, Telegraph Media Group Ltd, Sky PLC, Thomson Reuters, Times Newspapers Limited, Press Association)
Jurisdiction
England and Wales
Judgment Date
27 January 2020
Procedural Posture
Wardship and Related Family Proceedings / Interlocutory Judgment on Publication and Reporting Restrictions
Outcome
Application for publication of judgments and limited reporting granted; identification of children permitted; publication of working documents refused; stay on order for 7 days to allow for appeal.
Legal Topics
Wardship, Reporting Restrictions, Freedom of Expression, Children's Welfare, Privacy, Immunity and Assurances, Publication of Judgments
Family Law Media Law Human Rights Law International Law Wardship Reporting Restrictions Freedom of Expression Children's Welfare +3 more

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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

Second Respondent Child

Sheikh Zayed bin Mohammed bin Rashid Al Maktoum

Third Respondent Child

Media Organisations (Associated Newspapers Ltd, BBC, Financial Times Ltd, Guardian News & Media Ltd, Telegraph Media Group Ltd, Sky PLC, Thomson Reuters, Times Newspapers Limited, Press Association)

Interveners

Procedural Posture

Wardship and Related Family Proceedings / Interlocutory Judgment on Publication and Reporting Restrictions

Legal Issues

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

Ratio Decidendi

The overwhelming public interest in publication, the need to correct false and damaging narratives affecting the welfare of the children and mother, and the international significance of the findings outweigh the risks of adverse publicity. Publication of the fact-finding and assurances/waiver judgments, and limited reporting of proceedings, is necessary and proportionate under Articles 8 and 10. Identification of the children by name, age, and gender is permitted due to existing public knowledge. Working documents are not to be published.

Court Disposition

Application for publication of judgments and limited reporting granted; identification of children permitted; publication of working documents refused; stay on order for 7 days to allow for appeal.

Orders

  • Immediate publication of the fact-finding judgment and assurances/waiver judgment permitted (after 7-day stay).
  • Journalists permitted to report what they observed in court, limited to fact-finding and assurances/waiver issues.