R v R & Anor [2017] EWCA Civ 1588 (17 October 2017)

R v R & Anor [2017] EWCA Civ 1588 (17 October 2017)

There was no evidential basis for engaging Article 2 ECHR. The judge properly balanced Article 8 and Article 10 rights, giving priority to open justice in line with established principles. Children Act 1989 proceedings had concluded, so s.97 did not apply. The order was clear and not internally inconsistent.

Citation
[2017] EWCA Civ 1588
Parties
Appellant: R; First Respondent: R; Second Respondent: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
17 October 2017
Procedural Posture
Appeal (family Law, Reporting Restrictions) / Appeal From High Court (family Division) to Court of Appeal
Outcome
Appeal dismissed; applications for permission to appeal refused.
Legal Topics
Reporting Restrictions, Open Justice, Anonymity in Matrimonial Proceedings, Article 2 ECHR, Article 8 ECHR, Article 10 ECHR, Children Act 1989 S.97
Family Law Media Law Human Rights Reporting Restrictions Open Justice Anonymity in Matrimonial Proceedings Article 2 ECHR Article 8 ECHR +2 more

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Parties

R

Appellant

R

First Respondent

Times Newspapers Ltd

Second Respondent

Procedural Posture

Appeal (family Law, Reporting Restrictions) / Appeal From High Court (family Division) to Court of Appeal

Legal Issues

  1. 1 Whether the discharge of a reporting restrictions order was correct
  2. 2 Whether Article 2 ECHR (right to life) was engaged by publication of specified information
  3. 3 Whether the judge erred in balancing Article 8 (privacy) and Article 10 (freedom of expression) rights

Ratio Decidendi

There was no evidential basis for engaging Article 2 ECHR. The judge properly balanced Article 8 and Article 10 rights, giving priority to open justice in line with established principles. Children Act 1989 proceedings had concluded, so s.97 did not apply. The order was clear and not internally inconsistent.

Court Disposition

Appeal dismissed; applications for permission to appeal refused.

Orders

  • Discharge of Court of Appeal's reporting restriction order upheld
  • Applications for permission to appeal paragraphs 12(b) and 14 of the High Court order refused