J (A Minor), Re (application for permission to Appeal)

J (A Minor), Re (application for permission to Appeal)

Permission to appeal is refused because the application does not disclose any arguable error in the balancing of Article 8 and Article 10 rights, nor does it raise any general principle requiring clarification by the Court of Appeal. The Reporting Restrictions Order was correctly made to protect the child's welfare and privacy, and the law in this area is settled.

Parties
Applicant: Local Authority; First Respondent: Mother; Second Respondent: Father; Interested Party: Children’s Guardian; Applicant for Permission to Appeal: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2016
Procedural Posture
Application for Permission to Appeal / Ruling on Permission to Appeal Following Reporting Restrictions Order Judgment
Outcome
Permission to appeal refused
Legal Topics
Reporting Restrictions, Child Welfare, Article 8 ECHR, Article 10 ECHR, Appeal Procedure
Family Law Media Law Human Rights Reporting Restrictions Child Welfare Article 8 ECHR Article 10 ECHR Appeal Procedure

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Parties

Local Authority

Applicant

Mother

First Respondent

Father

Second Respondent

Children’s Guardian

Interested Party

Associated Newspapers Limited

Applicant for Permission to Appeal

Procedural Posture

Application for Permission to Appeal / Ruling on Permission to Appeal Following Reporting Restrictions Order Judgment

Legal Issues

  1. 1 Whether permission to appeal should be granted against the Reporting Restrictions Order judgment
  2. 2 Whether the balancing of Article 8 and Article 10 rights was correctly undertaken
  3. 3 Whether there is a general principle requiring clarification by the Court of Appeal

Ratio Decidendi

Permission to appeal is refused because the application does not disclose any arguable error in the balancing of Article 8 and Article 10 rights, nor does it raise any general principle requiring clarification by the Court of Appeal. The Reporting Restrictions Order was correctly made to protect the child's welfare and privacy, and the law in this area is settled.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal the Reporting Restrictions Order judgment is refused.
  • Timescales for any further application to appeal commence as of the date of judgment release.