V (Out of Hours: Reporting Restriction Order), Re (Rev 1) [2015] EWCOP 83 (02 December 2015)

V (Out of Hours: Reporting Restriction Order), Re (Rev 1) [2015] EWCOP 83 (02 December 2015)

The reporting restrictions order should be extended for 7 days to enable an effective inter partes hearing, as the balance of competing considerations under Articles 8 and 10 ECHR, the vulnerability of C's youngest daughter, the explicit nature of evidence reflecting discredit on C, and lack of public interest in identification, justify continued protection.

Citation
[2015] EWCOP 83
Parties
Applicant: V; 1st Respondent: Associated Newspapers Ltd (for the Daily Mail); 2nd Respondent: Press Association
Jurisdiction
England and Wales
Judgment Date
02 December 2015
Procedural Posture
Court of Protection Application for Extension of Reporting Restrictions Order / Interlocutory Hearing (out of Hours)
Outcome
Reporting restrictions order extended for 7 days to allow inter partes hearing.
Legal Topics
Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Privacy After Death, Court of Protection Procedures
Media Law Human Rights Family Law Reporting Restrictions Article 8 ECHR Article 10 ECHR Privacy After Death Court of Protection Procedures

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Parties

V

Applicant

Associated Newspapers Ltd (for the Daily Mail)

1st Respondent

Press Association

2nd Respondent

Procedural Posture

Court of Protection Application for Extension of Reporting Restrictions Order / Interlocutory Hearing (out of Hours)

Legal Issues

  1. 1 Whether the reporting restrictions order should be extended after the death of C
  2. 2 Balancing Article 8 and Article 10 rights
  3. 3 Protection of vulnerable family members from press identification

Ratio Decidendi

The reporting restrictions order should be extended for 7 days to enable an effective inter partes hearing, as the balance of competing considerations under Articles 8 and 10 ECHR, the vulnerability of C's youngest daughter, the explicit nature of evidence reflecting discredit on C, and lack of public interest in identification, justify continued protection.

Court Disposition

Reporting restrictions order extended for 7 days to allow inter partes hearing.

Orders

  • Reporting restrictions order extended for 7 days post C's death.
  • Effective inter partes hearing to be arranged within 7 days.