K (a minor) v BBC [2000] EWHC Fam 2 (25 July 2000)

K (a minor) v BBC [2000] EWHC Fam 2 (25 July 2000)

The media do not require the leave of the court to interview or broadcast an interview with a ward of court, even if aware of the wardship, unless specifically injuncted. The injunction restraining publication/broadcast of communications from the ward and others is not justified on the evidence as a necessary and...

Source-derived case information.

Citation
[2000] EWHC Fam 2
Parties
Applicant: K (A Minor); Respondent: BBC
Jurisdiction
England and Wales
Judgment Date
25 July 2000
Procedural Posture
Wardship/injunction Application / Judgment on Application to Discharge Injunction
Outcome
injunction discharged
Legal Topics
Wardship, Freedom of Expression, Injunctions Contra Mundum, Children's Welfare, Contempt of Court, Publication Restrictions
Family Law Media Law Human Rights Wardship Freedom of Expression Injunctions Contra Mundum Children's Welfare Contempt of Court +1 more

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Summary, issues, holding and outcome

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Parties

K (A Minor)

Applicant

BBC

Respondent

Procedural Posture

Wardship/injunction Application / Judgment on Application to Discharge Injunction

Legal Issues

  1. 1 Whether the BBC requires leave of the court to interview or broadcast an interview with a ward of court
  2. 2 Whether the injunction restraining publication/broadcast of communications from the ward and others should be discharged
  3. 3 The scope of the court's power to restrain media publication in wardship cases

Ratio Decidendi

The media do not require the leave of the court to interview or broadcast an interview with a ward of court, even if aware of the wardship, unless specifically injuncted. The injunction restraining publication/broadcast of communications from the ward and others is not justified on the evidence as a necessary and proportionate interference with freedom of expression. The injunction is discharged.

Court Disposition

injunction discharged

Orders

  • The injunction restraining publication and broadcast of communications from or about the ward is discharged.
  • No further order restraining the BBC or media from interviewing or broadcasting interviews with the ward unless specifically injuncted.