Rapisarda v Colladon [2014] EWFC 1406 (08 May 2014)

Rapisarda v Colladon [2014] EWFC 1406 (08 May 2014)

Section 1(1)(b) of the 1926 Act applies to these proceedings, mandating reporting restrictions, but the court has discretion under section 1(4)(B) to direct that the media may publish a report of the proceedings; given the nature of the case and the public interest, such a direction should be made.

Citation
[2014] EWFC 1406
Parties
Petitioner: Agata Rapisarda; Respondent: Ivan Colladon; Applicant: Queen's Proctor
Jurisdiction
England and Wales
Judgment Date
08 May 2014
Procedural Posture
Family/divorce / Application to Dismiss Petitions and Set Aside Decrees
Outcome
Application granted in part; direction made permitting media reporting.
Legal Topics
Divorce Proceedings, Reporting Restrictions, Open Justice, Judicial Proceedings (regulation of Reports) Act 1926, Ancillary Relief, Public Morality
Family Law Media Law Divorce Proceedings Reporting Restrictions Open Justice Judicial Proceedings (regulation of Reports) Act 1926 Ancillary Relief Public Morality

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Parties

Agata Rapisarda

Petitioner

Ivan Colladon

Respondent

Queen's Proctor

Applicant

Procedural Posture

Family/divorce / Application to Dismiss Petitions and Set Aside Decrees

Legal Issues

  1. 1 Does section 1(1)(b) of the Judicial Proceedings (Regulation of Reports) Act 1926 apply to proceedings to set aside decrees of divorce obtained by fraud?
  2. 2 Does the 1926 Act restrict media reporting of such proceedings held in open court?
  3. 3 Does the court have discretion to permit broader reporting under section 1(4)(B)?

Ratio Decidendi

Section 1(1)(b) of the 1926 Act applies to these proceedings, mandating reporting restrictions, but the court has discretion under section 1(4)(B) to direct that the media may publish a report of the proceedings; given the nature of the case and the public interest, such a direction should be made.

Court Disposition

Application granted in part; direction made permitting media reporting.

Orders

  • Liberty to the media and others to publish any report of the proceedings before the court on 9 and 10 April 2014, pursuant to section 1(4)(B) of the 1926 Act.