G v S (Family Law Act 1996: publicity)

G v S (Family Law Act 1996: publicity)

In FLA 1996 non-molestation proceedings involving allegations of domestic abuse, the default position is confidentiality. Section 12 AJA 1960 does not apply to these proceedings as they do not relate wholly or mainly to the maintenance or upbringing of a child. The applicant must seek the court’s permission to publish information. In this case, the respondent’s Article 8 rights to privacy outweigh the applicant’s Article 10 rights to freedom of expression and the public interest in publication. Permission to publish is refused.

Parties
Applicant: Mr G; Respondent: Ms S
Jurisdiction
England and Wales
Judgment Date
15 August 2024
Procedural Posture
Family Law Act 1996 Non Molestation Order Application / Judgment on Application for Permission to Publish Information About Proceedings
Outcome
Application for permission to publish information about the proceedings refused
Legal Topics
Non Molestation Orders, Publicity of Family Proceedings, Confidentiality, Article 8 ECHR, Article 10 ECHR
Family Law Privacy Law Non Molestation Orders Publicity of Family Proceedings Confidentiality Article 8 ECHR Article 10 ECHR

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Parties

Mr G

Applicant

Ms S

Respondent

Procedural Posture

Family Law Act 1996 Non Molestation Order Application / Judgment on Application for Permission to Publish Information About Proceedings

Legal Issues

  1. 1 Whether the applicant may publicly discuss the proceedings and evidence filed in a Family Law Act 1996 non-molestation order case
  2. 2 Whether section 12 of the Administration of Justice Act 1960 applies to these proceedings
  3. 3 Whether an implied undertaking of confidentiality arises in FLA 1996 non-molestation proceedings involving allegations of domestic abuse

Ratio Decidendi

In FLA 1996 non-molestation proceedings involving allegations of domestic abuse, the default position is confidentiality. Section 12 AJA 1960 does not apply to these proceedings as they do not relate wholly or mainly to the maintenance or upbringing of a child. The applicant must seek the court’s permission to publish information. In this case, the respondent’s Article 8 rights to privacy outweigh the applicant’s Article 10 rights to freedom of expression and the public interest in publication. Permission to publish is refused.

Court Disposition

Application for permission to publish information about the proceedings refused

Orders

  • The applicant is not permitted to publish information about the proceedings or evidence filed by the parties.
  • Anonymity of the children and family members must be strictly preserved in any published version of the judgment.