Appleton & Anor v News Group Newspapers Ltd & Anor [2015] EWHC 2689 (Fam) (28 September 2015)

Appleton & Anor v News Group Newspapers Ltd & Anor [2015] EWHC 2689 (Fam) (28 September 2015)

The implied undertaking of confidentiality over information disclosed in ancillary relief proceedings continues to bind both parties and the press, even after the 2009 rule change allowing media attendance. The reporting restriction order should continue, prohibiting publication of financial information and the...

Source-derived case information.

Citation
[2015] EWHC 2689 (Fam)
Parties
Petitioner: Nicole Appleton; Respondent: Liam Gallagher; Interested Party: News Group Newspapers Ltd; Interested Party: The Press Association
Jurisdiction
England and Wales
Judgment Date
28 September 2015
Procedural Posture
Ancillary Relief (financial Remedy) Proceedings in Divorce / Interlocutory Application for Reporting Restriction Order
Outcome
Reporting restriction order continued with modifications
Legal Topics
Ancillary Relief, Reporting Restrictions, Privacy, Freedom of Expression, Implied Undertaking, Media Attendance in Family Proceedings
Family Law Media Law Ancillary Relief Reporting Restrictions Privacy Freedom of Expression Implied Undertaking Media Attendance in Family Proceedings

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Parties

Nicole Appleton

Petitioner

Liam Gallagher

Respondent

News Group Newspapers Ltd

Interested Party

The Press Association

Interested Party

Procedural Posture

Ancillary Relief (financial Remedy) Proceedings in Divorce / Interlocutory Application for Reporting Restriction Order

Legal Issues

  1. 1 Whether the press may report details of ancillary relief proceedings held in private
  2. 2 Whether the implied undertaking of confidentiality binds third party journalists post-2009 rule change
  3. 3 Whether the reporting restriction order should be continued, modified, or revoked

Ratio Decidendi

The implied undertaking of confidentiality over information disclosed in ancillary relief proceedings continues to bind both parties and the press, even after the 2009 rule change allowing media attendance. The reporting restriction order should continue, prohibiting publication of financial information and the identification of the parties' children, as the privacy interests outweigh the press's freedom of expression in this context.

Court Disposition

Reporting restriction order continued with modifications

Orders

  • Press prohibited from publishing any report identifying the parties' children
  • Press prohibited from publishing any report of the parties' financial information, except information already in the public domain