Public Guardian v JM (Rev 1) [2014] EWCOP 7 (25 June 2014)

Public Guardian v JM (Rev 1) [2014] EWCOP 7 (25 June 2014)

There are no compelling reasons to depart from the default position of transparency; the impact on DP of JM's identification is minimal, and JM's expectation of privacy in respect of his wrongdoing is outweighed by the public interest in open justice and the identification of wrongdoers. Associated Newspapers...

Source-derived case information.

Citation
[2014] EWCOP 7
Parties
Applicant: The Public Guardian; Respondent: JM (John Marney); Intervenor: Associated Newspapers Limited; Subject of Proceedings: DP
Jurisdiction
England and Wales
Judgment Date
25 June 2014
Procedural Posture
Court of Protection Application Regarding Publication of Judgment and Identification of Party / Application for Order Permitting Identification of Respondent in Published Reports
Outcome
Application granted
Legal Topics
Transparency in Court of Protection, Anonymity Orders, Article 8 ECHR (right to Privacy), Article 10 ECHR (freedom of Expression), Revocation of Lasting Power of Attorney, Public Interest in Judicial Proceedings
Mental Capacity Media Law Privacy Law Transparency in Court of Protection Anonymity Orders Article 8 ECHR (right to Privacy) Article 10 ECHR (freedom of Expression) Revocation of Lasting Power of Attorney +1 more

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Parties

The Public Guardian

Applicant

JM (John Marney)

Respondent

Associated Newspapers Limited

Intervenor

DP

Subject of Proceedings

Procedural Posture

Court of Protection Application Regarding Publication of Judgment and Identification of Party / Application for Order Permitting Identification of Respondent in Published Reports

Legal Issues

  1. 1 Whether the respondent (JM) should be identified in published reports of the Court of Protection proceedings
  2. 2 Balancing Article 8 (privacy) rights of JM and DP against Article 10 (freedom of expression) rights of the press and public
  3. 3 Whether there are compelling reasons to depart from the default position of transparency in cases involving revocation of attorney powers

Ratio Decidendi

There are no compelling reasons to depart from the default position of transparency; the impact on DP of JM's identification is minimal, and JM's expectation of privacy in respect of his wrongdoing is outweighed by the public interest in open justice and the identification of wrongdoers. Associated Newspapers Limited is entitled to identify JM as John Marney in reports of the case.

Court Disposition

Application granted

Orders

  • Associated Newspapers Limited and others are permitted to identify JM (John Marney) in reports of the case.