A v A [2012] EWHC 4226 (Fam) (17 September 2012)

A v A [2012] EWHC 4226 (Fam) (17 September 2012)

The balance between the media's right to freedom of expression and the parties' right to privacy, together with the principle of open justice and the implied undertaking of confidentiality for information disclosed under compulsion in private family proceedings, falls firmly in favour of maintaining privacy and imposing reporting restrictions, except for limited information permitted by statute.

Citation
[2012] EWHC 4226 (Fam)
Parties
Petitioner: A; Respondent: A; Intervenors: Husband's parents; Interested Party: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
17 September 2012
Procedural Posture
Family Law – Financial Remedy Application / Post Settlement, Application for Reporting Restrictions
Outcome
Reporting restrictions granted
Legal Topics
Reporting Restrictions, Open Justice, Privacy, Confidentiality, Freedom of Expression
Family Law Media Law Human Rights Reporting Restrictions Open Justice Privacy Confidentiality Freedom of Expression

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Parties

A

Petitioner

A

Respondent

Husband's parents

Intervenors

Times Newspapers Limited

Interested Party

Procedural Posture

Family Law – Financial Remedy Application / Post Settlement, Application for Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions should be imposed on media coverage of financial remedy proceedings held in private
  2. 2 Whether information disclosed under compulsion in family proceedings is protected by confidentiality
  3. 3 Balancing Article 8 (right to privacy) and Article 10 (freedom of expression) ECHR rights

Ratio Decidendi

The balance between the media's right to freedom of expression and the parties' right to privacy, together with the principle of open justice and the implied undertaking of confidentiality for information disclosed under compulsion in private family proceedings, falls firmly in favour of maintaining privacy and imposing reporting restrictions, except for limited information permitted by statute.

Court Disposition

Reporting restrictions granted

Orders

  • Disclosure of information in respect of these matrimonial proceedings is prohibited except: (1) matters permitted under s1 of the Judicial Proceedings (Regulation of Reports) Act 1926 in respect of the divorce suit only; (2) the fact and date of the financial remedy application and hearing; (3) the fact and date of...