Birmingham Mail v ED [2011] EWCA Civ 1759 (07 December 2011)

Birmingham Mail v ED [2011] EWCA Civ 1759 (07 December 2011)

The publication by the Birmingham Mail did not breach the terms of the 10 February 2011 order, as the order permitted publication of information from public court proceedings and did not specifically restrict identification of the defendants. The finding of contempt and the associated costs order were therefore set...

Source-derived case information.

Citation
[2011] EWCA Civ 1759
Parties
Appellant: Birmingham Mail; Respondent: ED
Jurisdiction
England and Wales
Judgment Date
07 December 2011
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Reporting Restrictions, Contempt of Court, Costs Orders, Publication of Criminal Proceedings
Family Law Media Law Contempt of Court Reporting Restrictions Costs Orders Publication of Criminal Proceedings

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Summary, issues, holding and outcome

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Parties

Birmingham Mail

Appellant

ED

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the publication by the Birmingham Mail breached the terms of the reporting restriction order of 10 February 2011
  2. 2 Whether the finding of contempt and the associated costs order against the Birmingham Mail were justified

Ratio Decidendi

The publication by the Birmingham Mail did not breach the terms of the 10 February 2011 order, as the order permitted publication of information from public court proceedings and did not specifically restrict identification of the defendants. The finding of contempt and the associated costs order were therefore set aside.

Court Disposition

Appeal allowed

Orders

  • Finding of contempt set aside
  • Costs order against Birmingham Mail set aside