Allan v Clibbery [2002] EWCA Civ 45 (30th January, 2002)

Allan v Clibbery [2002] EWCA Civ 45 (30th January, 2002)

The fact that family proceedings are heard in chambers does not, in itself, render them confidential or prohibit subsequent publication of information about those proceedings. Confidentiality or prohibition of publication arises only where there is a statutory provision, a specific court order, or where the...

Source-derived case information.

Citation
[2002] EWCA Civ 45
Parties
Appellant: Ivan William Allan; Respondent: Glory Anne Clibbery
Jurisdiction
England and Wales
Procedural Posture
Appeal (family Law) / Court of Appeal Judgment on Appeal From High Court (family Division)
Outcome
Appeal dismissed
Legal Topics
Open Justice, Confidentiality of Family Proceedings, Publication of Court Information, Injunctions, Human Rights (article 6 and 8 Echr)
Family Law Civil Procedure Media Law Open Justice Confidentiality of Family Proceedings Publication of Court Information Injunctions Human Rights (article 6 and 8 Echr)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 27 Party arguments 2
Sign in to unlock

Parties

Ivan William Allan

Appellant

Glory Anne Clibbery

Respondent

Procedural Posture

Appeal (family Law) / Court of Appeal Judgment on Appeal From High Court (family Division)

Legal Issues

  1. 1 Whether family proceedings heard in chambers are confidential and prohibit subsequent publication of information
  2. 2 Whether the Family Proceedings Rules 1991 are ultra vires in providing for private hearings in non-children cases
  3. 3 Whether an injunction should be granted to restrain publication of information from family proceedings

Ratio Decidendi

The fact that family proceedings are heard in chambers does not, in itself, render them confidential or prohibit subsequent publication of information about those proceedings. Confidentiality or prohibition of publication arises only where there is a statutory provision, a specific court order, or where the information is inherently confidential or obtained under compulsion. The Family Proceedings Rules 1991 are not ultra vires in providing for private hearings. In this case, there was no statutory or judicial basis to prohibit publication, and the injunction restraining publication was not justified.

Court Disposition

Appeal dismissed

Orders

  • Injunction restraining publication discharged
  • No further prohibition on publication of information from the proceedings