Appleton & Anor v News Group Newspapers Ltd & Anor

Appleton & Anor v News Group Newspapers Ltd & Anor

The court held that core privacy in ancillary relief proceedings is preserved by implied undertakings, which collaterally bind observing journalists, and that reporting restrictions should continue, especially regarding financial information and the anonymity of children, unless justified by specific circumstances or a balancing exercise under Re S. The press may report the parties' involvement in proceedings and non-financial matters already in the public domain, but not financial details or the identity of children.

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 Proceedings / Interlocutory Ruling on Reporting Restrictions
Outcome
Reporting restriction order continued, as modified and explained, until further order by Judge O'Dwyer.
Legal Topics
Reporting Restrictions, Privacy, Ancillary Relief, Press Access, Anonymity of Children
Family Law Media Law Reporting Restrictions Privacy Ancillary Relief Press Access Anonymity of Children

Case Brief

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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 Proceedings / Interlocutory Ruling on Reporting Restrictions

Legal Issues

  1. 1 Whether reporting restrictions should be lifted, modified, or continued in ancillary relief proceedings involving well-known parties and press attendance
  2. 2 Whether the implied undertaking of privacy binds third party journalists post-2009 rule change
  3. 3 Balancing privacy rights against freedom of expression under Re S principles

Ratio Decidendi

The court held that core privacy in ancillary relief proceedings is preserved by implied undertakings, which collaterally bind observing journalists, and that reporting restrictions should continue, especially regarding financial information and the anonymity of children, unless justified by specific circumstances or a balancing exercise under Re S. The press may report the parties' involvement in proceedings and non-financial matters already in the public domain, but not financial details or the identity of children.

Court Disposition

Reporting restriction order continued, as modified and explained, until further order by Judge O'Dwyer.

Orders

  • Press prohibited from naming the children in any report of the case.
  • Press prohibited from reporting any financial information of the parties unless already in the public domain.