HM Attorney General v Pelling [2005] EWHC 414 (Admin) (08 April 2005)

HM Attorney General v Pelling [2005] EWHC 414 (Admin) (08 April 2005)

Publication by the defendant of a judgment delivered in private in Children Act 1989 proceedings, without authorisation, constitutes criminal contempt of court. The law of contempt applies to such proceedings as it does to wardship, and neither the common law nor Articles 6 or 10 ECHR entitle the defendant to publish the judgment. The protection of the child's interests and the administration of justice justify the restriction.

Citation
[2005] EWHC 414 (Admin)
Parties
Claimant: Her Majesty's Attorney General; Defendant: Michael John Pelling
Jurisdiction
England and Wales
Judgment Date
08 April 2005
Procedural Posture
Application for Committal for Contempt of Court / Final Judgment After Substantive Hearing
Outcome
Application granted; defendant found in contempt of court
Legal Topics
Publication of Private Judgments, Children Act 1989 Proceedings, Open Justice Vs Privacy, Article 6 and 10 ECHR, Administration of Justice Act 1960 S.12
Family Law Contempt of Court Human Rights Publication of Private Judgments Children Act 1989 Proceedings Open Justice Vs Privacy Article 6 and 10 ECHR Administration of Justice Act 1960 S.12

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Her Majesty's Attorney General

Claimant

Michael John Pelling

Defendant

Procedural Posture

Application for Committal for Contempt of Court / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether publication by the defendant of a private family court judgment constitutes criminal contempt of court
  2. 2 Whether the defendant's Article 6 and 10 ECHR rights entitle him to publish the judgment
  3. 3 Whether the law of contempt applies to Children Act 1989 proceedings as it does to wardship

Ratio Decidendi

Publication by the defendant of a judgment delivered in private in Children Act 1989 proceedings, without authorisation, constitutes criminal contempt of court. The law of contempt applies to such proceedings as it does to wardship, and neither the common law nor Articles 6 or 10 ECHR entitle the defendant to publish the judgment. The protection of the child's interests and the administration of justice justify the restriction.

Court Disposition

Application granted; defendant found in contempt of court

Orders

  • Defendant found guilty of criminal contempt for publication of private judgment
  • Prohibition on publication of the judgment's details and related website/email addresses in these proceedings