OPO v MLA & Anor

OPO v MLA & Anor

All passages identified by the defendant are sufficiently graphic and disturbing to a vulnerable child and should remain injuncted; the order is proportionate and compliant with statutory requirements.

Parties
Appellant: OPO; First Respondent: MLA; Second Respondent: STL
Jurisdiction
England and Wales
Judgment Date
29 October 2014
Procedural Posture
Civil Appeal / Ruling on Submissions Following Interim Injunction
Outcome
Interim injunction maintained; passages remain injuncted as per Confidential Schedule 3.
Legal Topics
Interim Injunctions, Publication of Confidential Information, Protection of Vulnerable Children
Privacy Law Human Rights Law Interim Injunctions Publication of Confidential Information Protection of Vulnerable Children

Case Brief

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Parties

OPO

Appellant

MLA

First Respondent

STL

Second Respondent

Procedural Posture

Civil Appeal / Ruling on Submissions Following Interim Injunction

Legal Issues

  1. 1 Whether certain graphic extracts from the book 'Instrumental' should remain injuncted to protect the claimant
  2. 2 Interpretation of 'graphic account' in the context of mental illness, sexual abuse, and self-harm
  3. 3 Proportionality of the order and compliance with Human Rights Act requirements

Ratio Decidendi

All passages identified by the defendant are sufficiently graphic and disturbing to a vulnerable child and should remain injuncted; the order is proportionate and compliant with statutory requirements.

Court Disposition

Interim injunction maintained; passages remain injuncted as per Confidential Schedule 3.

Orders

  • Passages identified by the defendant to remain in Confidential Schedule 3 and not to be published.
  • Order is proportionate and compliant with Section 12 of the Human Rights Act 1998.