R (A Child) [2019] EWCA Civ 482 (15 February 2019)

R (A Child) [2019] EWCA Civ 482 (15 February 2019)

The reporting restrictions order was set aside because the judge failed to give reasons, failed to consider relevant case-law, and failed to conduct the required balancing of Article 8 and Article 10 rights. Information already in the public domain cannot be further restricted without compelling justification.

Source-derived case information.

Citation
[2019] EWCA Civ 482
Parties
First Appellant: Louise Tickle; Second Appellant: BBC; Respondent: Mother; Respondent Legal Authority: Southampton City Council; Respondent Child: R (A Child)
Jurisdiction
England and Wales
Judgment Date
15 February 2019
Procedural Posture
Appeal (family Law) / Appeal Against Reporting Restrictions Order; Post Care Proceedings
Outcome
Appeal allowed
Legal Topics
Reporting Restrictions, Transparency in Family Courts, Article 8 ECHR, Article 10 ECHR, Care Proceedings
Family Law Media Law Human Rights Reporting Restrictions Transparency in Family Courts Article 8 ECHR Article 10 ECHR Care Proceedings

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Parties

Louise Tickle

First Appellant

BBC

Second Appellant

Mother

Respondent

Southampton City Council

Respondent Legal Authority

R (A Child)

Respondent Child

Procedural Posture

Appeal (family Law) / Appeal Against Reporting Restrictions Order; Post Care Proceedings

Legal Issues

  1. 1 Whether the reporting restrictions order was lawfully made
  2. 2 Whether the judge failed to balance Article 8 and Article 10 rights
  3. 3 Whether existing public domain information can be further restricted

Ratio Decidendi

The reporting restrictions order was set aside because the judge failed to give reasons, failed to consider relevant case-law, and failed to conduct the required balancing of Article 8 and Article 10 rights. Information already in the public domain cannot be further restricted without compelling justification.

Court Disposition

Appeal allowed

Orders

  • Order of HHJ Levey imposing reporting restrictions set aside
  • Fresh reporting restriction order to be made by consent, subject to further drafting