C (A Child), Re

C (A Child), Re

The judge exercised his discretion properly under the Practice Guidance, considered the relevant factors including the parties' submissions, the risk of identification, and the absence of additional public interest factors. There was no error of principle or plain error in refusing permission for publication of the anonymised judgment.

Parties
Applicant/appellant: Mother; Respondent: Father
Jurisdiction
England and Wales
Judgment Date
24 March 2015
Procedural Posture
Appeal (family Law Private Law) / Appeal From Refusal to Permit Publication of Anonymised Judgment
Outcome
Appeal dismissed
Legal Topics
Publication of Judgments, Anonymisation, Open Justice, Discretion of the Court, European Convention on Human Rights (echr)
Family Law Civil Procedure Publication of Judgments Anonymisation Open Justice Discretion of the Court European Convention on Human Rights (echr)

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Parties

Mother

Applicant/appellant

Father

Respondent

Procedural Posture

Appeal (family Law Private Law) / Appeal From Refusal to Permit Publication of Anonymised Judgment

Legal Issues

  1. 1 Whether the judge erred in refusing permission to publish an anonymised family judgment
  2. 2 Whether the judge failed to consider and balance ECHR rights (Articles 6, 8, 10)
  3. 3 Whether irrelevant factors were taken into account in the refusal

Ratio Decidendi

The judge exercised his discretion properly under the Practice Guidance, considered the relevant factors including the parties' submissions, the risk of identification, and the absence of additional public interest factors. There was no error of principle or plain error in refusing permission for publication of the anonymised judgment.

Court Disposition

Appeal dismissed

Orders

  • Appeal against refusal to permit publication of anonymised judgment is dismissed