Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

Anonymity order not continued because the risk of press intrusion does not justify derogation from open justice; undertakings by Defendant sufficiently protect Claimant's confidentiality without need for anonymity.

Citation
[2011] EWHC 249
Parties
Claimant: Stephanie Hirschfeld; Defendant: James McGrath
Jurisdiction
England and Wales
Judgment Date
15 February 2011
Procedural Posture
Injunction Application / Return Date Hearing
Outcome
Anonymity order not continued; Defendant's undertakings accepted.
Legal Topics
Confidentiality, Anonymity Orders, Publication Restraint
Privacy Family Law Confidentiality Anonymity Orders Publication Restraint

Case Brief

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Parties

Stephanie Hirschfeld

Claimant

James McGrath

Defendant

Procedural Posture

Injunction Application / Return Date Hearing

Legal Issues

  1. 1 Whether to continue anonymity order
  2. 2 Scope of restraint on publication of confidential information

Ratio Decidendi

Anonymity order not continued because the risk of press intrusion does not justify derogation from open justice; undertakings by Defendant sufficiently protect Claimant's confidentiality without need for anonymity.

Court Disposition

Anonymity order not continued; Defendant's undertakings accepted.

Orders

  • Defendant restrained from publishing, republishing, syndicating, using, communicating or disclosing information concerning the intimate former relationship, family life, and Claimant's health, except as contained in public judgment or Confidential Schedule.
  • Defendant permitted to disclose information to legal advisers, for purposes of carrying out order, or if information is in public domain due to national media publication.