RJ v Tigipko

RJ v Tigipko

Redaction and postponement of publication are not justified absent pending or imminent criminal proceedings; statutory criteria must be satisfied and inherent jurisdiction cannot override them.

Parties
Applicant: RJ; 1st Respondent: Ganna Tigipko; 2nd Respondent: Sergiy Tigipko; 3rd Respondent: Vaicheslav Baikovskyi; 4th & 5th Respondents: SJ & VJ (by their Children’s Guardian Sarah Brooks); Interested Party: Associated Newspapers Ltd; Interested Party: Times Newspapers Ltd; Interested Party: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Family / Post Judgment Application for Redaction of Published Judgment
Outcome
Redaction applications dismissed
Legal Topics
Reporting Restrictions, Redaction of Judgments, Child Abduction, Inherent Jurisdiction, Embargo Orders
Family Law Contempt of Court Media Law Reporting Restrictions Redaction of Judgments Child Abduction Inherent Jurisdiction Embargo Orders

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Parties

RJ

Applicant

Ganna Tigipko

1st Respondent

Sergiy Tigipko

2nd Respondent

Vaicheslav Baikovskyi

3rd Respondent

SJ & VJ (by their Children’s Guardian Sarah Brooks)

4th & 5th Respondents

Associated Newspapers Ltd

Interested Party

Times Newspapers Ltd

Interested Party

British Broadcasting Corporation

Interested Party

Procedural Posture

Family / Post Judgment Application for Redaction of Published Judgment

Legal Issues

  1. 1 Whether passages in the judgment should be redacted pending possible criminal proceedings
  2. 2 Whether section 11 or section 4 of the Contempt of Court Act 1981 applies
  3. 3 Whether the inherent jurisdiction of the court allows postponement of publication absent pending proceedings

Ratio Decidendi

Redaction and postponement of publication are not justified absent pending or imminent criminal proceedings; statutory criteria must be satisfied and inherent jurisdiction cannot override them.

Court Disposition

Redaction applications dismissed

Orders

  • No redaction of judgment passages
  • Judgment to be published as previously ordered