DE v AB [2014] EWCA Civ 1064 (24 July 2014)

DE v AB [2014] EWCA Civ 1064 (24 July 2014)

The Court refused the father's application for a private hearing and the mother's application for adjournment, holding that open justice must prevail except in exceptional cases. The Court imposed proportionate reporting restrictions and anonymisation to prevent disclosure of prohibited information, extending existing injunctions to cover the hearing, and continued orders under section 11 of the Contempt of Court Act 1982.

Citation
[2014] EWCA Civ 1064
Parties
Appellant: DE; Respondent: AB
Jurisdiction
England and Wales
Judgment Date
24 July 2014
Procedural Posture
Family Law Appeal / Preliminary Application and Permission Hearing
Outcome
Application for private hearing refused; application for adjournment refused; permission to appeal refused; reporting restrictions and anonymisation ordered.
Legal Topics
Open Justice, Anonymity Orders, Reporting Restrictions, Injunctions, Appeal Procedure, Children Act Financial Provision
Family Law Civil Procedure Human Rights Open Justice Anonymity Orders Reporting Restrictions Injunctions Appeal Procedure +1 more

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Parties

DE

Appellant

AB

Respondent

Procedural Posture

Family Law Appeal / Preliminary Application and Permission Hearing

Legal Issues

  1. 1 Whether the permission hearing should be held in private
  2. 2 Whether reporting restrictions and anonymisation are necessary to protect prohibited information
  3. 3 Balancing open justice with protection of private information and interests of the child

Ratio Decidendi

The Court refused the father's application for a private hearing and the mother's application for adjournment, holding that open justice must prevail except in exceptional cases. The Court imposed proportionate reporting restrictions and anonymisation to prevent disclosure of prohibited information, extending existing injunctions to cover the hearing, and continued orders under section 11 of the Contempt of Court Act 1982.

Court Disposition

Application for private hearing refused; application for adjournment refused; permission to appeal refused; reporting restrictions and anonymisation ordered.

Orders

  • Proceedings held in public with immediate and continuing publicity protections.
  • Anonymisation of parties and child; prohibition on reporting information likely to lead to identification.