Al M (Children) [2020] EWCA Civ 283 (28 February 2020)

Al M (Children) [2020] EWCA Civ 283 (28 February 2020)

The President was entitled to permit publication of the judgments prior to the welfare hearing; the balancing exercise between Article 8 and Article 10 was correctly applied, with both rights pointing in favour of publication; the welfare of the children was given primary consideration but was not paramount; publication was necessary to correct a false narrative and serve both private and public interests.

Citation
[2020] EWCA Civ 283
Parties
Appellant/father: His Highness Sheikh Mohammed bin Rashid Al Maktoum; First Respondent/mother: Her Royal Highness Princess Haya Bint Al Hussein; Second Respondent/ward: Al Jalila Bint Mohammed Bin Rashid Al Maktoum; Second Respondent/ward: Zayed Bin Mohammed Bin Rashid Al Maktoum; Guardian: Guardian (CAFCASS); Media Respondent: Associated Newspapers Ltd; Media Respondent: British Broadcasting Corporation; Media Respondent: The Financial Times Ltd; Media Respondent: Guardian News & Media; Media Respondent: Telegraph Media Group Ltd; Media Respondent: Sky PLC; Media Respondent: Times Newspapers Limited; Media Respondent: Press Association; Media Respondent: Thomson Reuters
Jurisdiction
England and Wales
Judgment Date
28 February 2020
Procedural Posture
Appeal / Judgment on Appeal Against Publication Order
Outcome
appeal dismissed
Legal Topics
Wardship, Reporting Restrictions, Publication of Judgments, Children's Welfare, Balancing ECHR Rights
Family Law Human Rights Media Law Wardship Reporting Restrictions Publication of Judgments Children's Welfare Balancing ECHR Rights

Case Brief

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Parties

His Highness Sheikh Mohammed bin Rashid Al Maktoum

Appellant/father

Her Royal Highness Princess Haya Bint Al Hussein

First Respondent/mother

Al Jalila Bint Mohammed Bin Rashid Al Maktoum

Second Respondent/ward

Zayed Bin Mohammed Bin Rashid Al Maktoum

Second Respondent/ward

Guardian (CAFCASS)

Guardian

Associated Newspapers Ltd

Media Respondent

British Broadcasting Corporation

Media Respondent

The Financial Times Ltd

Media Respondent

Guardian News & Media

Media Respondent

Telegraph Media Group Ltd

Media Respondent

Sky PLC

Media Respondent

Times Newspapers Limited

Media Respondent

Press Association

Media Respondent

Thomson Reuters

Media Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Publication Order

Legal Issues

  1. 1 Whether publication of private judgments concerning children should be permitted prior to welfare hearing
  2. 2 Whether the balancing exercise between ECHR Article 8 and Article 10 was correctly applied
  3. 3 Whether the welfare of the children should be paramount in publication decisions

Ratio Decidendi

The President was entitled to permit publication of the judgments prior to the welfare hearing; the balancing exercise between Article 8 and Article 10 was correctly applied, with both rights pointing in favour of publication; the welfare of the children was given primary consideration but was not paramount; publication was necessary to correct a false narrative and serve both private and public interests.

Court Disposition

appeal dismissed

Orders

  • Publication of the fact-finding judgment, assurances and waiver judgment, and publication judgment permitted.
  • Reporting restrictions on names, age, and gender of children lifted; other restrictions remain.