Medway Council v Root (1)

Medway Council v Root (1)

Ms Root breached the terms of the injunction order by publishing confidential information relating to care proceedings on Facebook. The injunction remained in force beyond the conclusion of proceedings and the children's 18th birthdays. Motive or belief as to entitlement is irrelevant; deliberate publication constitutes contempt. The exceptions under Rule 12.75 do not permit public dissemination as occurred.

Parties
Applicant: Medway Council; Respondent: Sara Jayne Root
Jurisdiction
England and Wales
Judgment Date
17 July 2017
Procedural Posture
Committal Application for Contempt of Court / Judgment on Liability for Alleged Breaches of Injunction
Outcome
Liability for contempt established; sentencing deferred.
Legal Topics
Injunctions, Publication of Confidential Information, Care Proceedings, Mens Rea in Contempt, Balancing Article 8 and Article 10 Rights
Family Law Contempt of Court Injunctions Publication of Confidential Information Care Proceedings Mens Rea in Contempt Balancing Article 8 and Article 10 Rights

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Parties

Medway Council

Applicant

Sara Jayne Root

Respondent

Procedural Posture

Committal Application for Contempt of Court / Judgment on Liability for Alleged Breaches of Injunction

Legal Issues

  1. 1 Whether Ms Root breached the terms of the injunction order by publishing confidential information relating to care proceedings on Facebook
  2. 2 Whether the injunction order had lapsed or was invalid
  3. 3 Whether Ms Root's actions constituted pursuing a complaint under Rule 12.75 of the Family Procedure Rules 2010

Ratio Decidendi

Ms Root breached the terms of the injunction order by publishing confidential information relating to care proceedings on Facebook. The injunction remained in force beyond the conclusion of proceedings and the children's 18th birthdays. Motive or belief as to entitlement is irrelevant; deliberate publication constitutes contempt. The exceptions under Rule 12.75 do not permit public dissemination as occurred.

Court Disposition

Liability for contempt established; sentencing deferred.

Orders

  • Finding that Ms Root committed ten breaches of the injunction order between September 2014 and April 2016
  • Further hearing to consider alleged breaches of undertaking and sentencing