Pelling v Bruce-Williams [2006] EWCA Civ 1046 (25 July 2006)

Pelling v Bruce-Williams [2006] EWCA Civ 1046 (25 July 2006)

The anonymity injunction is discharged because the underlying proceedings have long since concluded and the prohibition under section 97(2) Children Act 1989 no longer applies. The order was lawful and in accordance with 1996 practice, but continuation is now inappropriate. The order is not set aside because it would have been made in any event, even if the appellant had been fully heard.

Citation
[2006] EWCA Civ 1046
Parties
Appellant: Dr M J Pelling; Respondent: Ms Veronica N. Bruce-Williams
Jurisdiction
England and Wales
Judgment Date
25 July 2006
Procedural Posture
Appeal / Application to Discharge or Set Aside Injunction
Outcome
Injunction discharged
Legal Topics
Injunctions, Anonymity Orders, Children Act 1989, Open Justice, Natural Justice
Family Law Civil Procedure Injunctions Anonymity Orders Children Act 1989 Open Justice Natural Justice

Case Brief

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Parties

Dr M J Pelling

Appellant

Ms Veronica N. Bruce-Williams

Respondent

Procedural Posture

Appeal / Application to Discharge or Set Aside Injunction

Legal Issues

  1. 1 Whether the anonymity injunction made on 20 June 1996 should be discharged or set aside
  2. 2 Whether the injunction was made in breach of natural justice by refusing to hear the appellant
  3. 3 Whether the injunction remains effective after the conclusion of proceedings

Ratio Decidendi

The anonymity injunction is discharged because the underlying proceedings have long since concluded and the prohibition under section 97(2) Children Act 1989 no longer applies. The order was lawful and in accordance with 1996 practice, but continuation is now inappropriate. The order is not set aside because it would have been made in any event, even if the appellant had been fully heard.

Court Disposition

Injunction discharged

Orders

  • The anonymity injunction made by the Court of Appeal on 20 June 1996 is discharged.