Birmingham Mail v ED

Birmingham Mail v ED

The publication of 17 February did not breach the 10 February order, as the order allowed publication of information from public court hearings and did not specifically restrict identification of the defendants. The finding of contempt and the costs order were not justified and must be set aside.

Parties
Appellant: Birmingham Mail; Respondent: ED
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Civil Appeal / Appeal From High Court Order (family Division)
Outcome
Appeal allowed
Legal Topics
Publication Restrictions, Contempt of Court, Costs Orders, Protection of Children in Criminal Proceedings
Media Law Family Law Contempt of Court Publication Restrictions Costs Orders Protection of Children in Criminal Proceedings

Case Brief

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Parties

Birmingham Mail

Appellant

ED

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order (family Division)

Legal Issues

  1. 1 Whether publication by the local paper breached the High Court order of 10 February 2011
  2. 2 Whether the finding of contempt and associated costs order were justified

Ratio Decidendi

The publication of 17 February did not breach the 10 February order, as the order allowed publication of information from public court hearings and did not specifically restrict identification of the defendants. The finding of contempt and the costs order were not justified and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Finding of contempt set aside
  • Costs order set aside