V (Out of Hours: Reporting Restriction Order), Re (Rev 1)

V (Out of Hours: Reporting Restriction Order), Re (Rev 1)

The Reporting Restrictions Order should be extended for 7 days to enable an effective inter partes hearing, as the balance of competing Article 8 and 10 rights, the vulnerability of C's youngest daughter, the explicit and potentially discrediting nature of the evidence, and the lack of public interest in identifying C or her family justify continued protection.

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
Application for Extension of Reporting Restrictions Order / Interlocutory Application; Out of Hours Hearing
Outcome
Application granted
Legal Topics
Reporting Restrictions, Article 8 ECHR, Article 10 ECHR, Privacy After Death, Court of Protection Procedure
Media Law Family Law Human Rights Reporting Restrictions Article 8 ECHR Article 10 ECHR Privacy After Death Court of Protection Procedure

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Parties

V

Applicant

Associated Newspapers Ltd (for the Daily Mail)

1st Respondent

Press Association

2nd Respondent

Procedural Posture

Application for Extension of Reporting Restrictions Order / Interlocutory Application; Out of Hours Hearing

Legal Issues

  1. 1 Whether the Reporting Restrictions Order (RRO) should be extended after the death of the subject
  2. 2 Balancing Article 8 (right to private and family life) and Article 10 (freedom of expression) rights
  3. 3 Protection of vulnerable family members from 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 Article 8 and 10 rights, the vulnerability of C's youngest daughter, the explicit and potentially discrediting nature of the evidence, and the lack of public interest in identifying C or her family justify continued protection.

Court Disposition

Application granted

Orders

  • Reporting Restrictions Order extended for 7 days to enable an effective inter partes hearing