A Local Authority v PD & Ors

A Local Authority v PD & Ors

There were no exceptional or compelling circumstances to justify restraining the press from reporting the father's identity and photograph in the criminal proceedings. The potential harm to the child was not sufficient to outweigh the strong presumption in favour of open justice and freedom of expression, especially given prior publicity and the lack of evidence of irremediable harm.

Parties
Applicant: A Local Authority; 1st Respondent: P D; 2nd Respondent: G D (By her Guardian Cathy Butcher); Press Applicants: Times Newspapers Limited, News Group Newspapers, Associated Newspapers Limited and Mirror Group Newspapers
Jurisdiction
England and Wales
Judgment Date
10 August 2005
Procedural Posture
Care Proceedings / Application for Injunction / Judgment on Application to Clarify And/or Vary Injunction Order
Outcome
Application for injunction refused; clarification of existing order provided.
Legal Topics
Children's Welfare, Anonymity Orders, Freedom of Expression, Right to Privacy, Reporting Restrictions
Family Law Media Law Human Rights Children's Welfare Anonymity Orders Freedom of Expression Right to Privacy Reporting Restrictions

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Parties

A Local Authority

Applicant

P D

1st Respondent

G D (By her Guardian Cathy Butcher)

2nd Respondent

Times Newspapers Limited, News Group Newspapers, Associated Newspapers Limited and Mirror Group Newspapers

Press Applicants

Procedural Posture

Care Proceedings / Application for Injunction / Judgment on Application to Clarify And/or Vary Injunction Order

Legal Issues

  1. 1 Whether the press may report the identity and publish photographs of the father in criminal proceedings despite an anonymity order in related care proceedings
  2. 2 Whether circumstances justify an injunction restraining publication of the father's identity to protect the child's privacy

Ratio Decidendi

There were no exceptional or compelling circumstances to justify restraining the press from reporting the father's identity and photograph in the criminal proceedings. The potential harm to the child was not sufficient to outweigh the strong presumption in favour of open justice and freedom of expression, especially given prior publicity and the lack of evidence of irremediable harm.

Court Disposition

Application for injunction refused; clarification of existing order provided.

Orders

  • Press are at liberty to report the name and publish a photograph of the father in connection with the criminal proceedings.
  • No new injunction granted restraining publication of the father's identity.