Rapisarda v Colladon

Rapisarda v Colladon

The Judicial Proceedings (Regulation of Reports) Act 1926 applies to these proceedings, but the court has discretion under section 1(4)(B) to permit publication of reports. Given the nature of the proceedings and the public interest, the court directs that the media may publish reports of the proceedings as they see fit.

Parties
Petitioner: Agata Rapisarda; Respondent: Ivan Colladon; Applicant: Queen’s Proctor
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Family (divorce/fraud) / Judgment on Application to Dismiss Divorce Petitions and Set Aside Decrees
Outcome
Application granted; direction made permitting publication of reports.
Legal Topics
Divorce, Fraud, Open Justice, Reporting Restrictions, Judicial Proceedings (regulation of Reports) Act 1926, Ancillary Relief, Financial Remedy Proceedings
Family Law Media Law Criminal Law Divorce Fraud Open Justice Reporting Restrictions Judicial Proceedings (regulation of Reports) Act 1926 +2 more

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Parties

Agata Rapisarda

Petitioner

Ivan Colladon

Respondent

Queen’s Proctor

Applicant

Procedural Posture

Family (divorce/fraud) / Judgment on Application to Dismiss Divorce Petitions and Set Aside Decrees

Legal Issues

  1. 1 Does the Judicial Proceedings (Regulation of Reports) Act 1926 restrict reporting of these proceedings?
  2. 2 Does the 1926 Act apply to ancillary relief (financial remedy) proceedings?
  3. 3 Does the court have discretion to permit broader reporting under section 1(4) of the 1926 Act?

Ratio Decidendi

The Judicial Proceedings (Regulation of Reports) Act 1926 applies to these proceedings, but the court has discretion under section 1(4)(B) to permit publication of reports. Given the nature of the proceedings and the public interest, the court directs that the media may publish reports of the proceedings as they see fit.

Court Disposition

Application granted; direction made permitting publication of reports.

Orders

  • Liberty to the media and others to publish any report of the proceedings of 9 and 10 April 2014 as they see fit, pursuant to section 1(4)(B) of the 1926 Act.