XW v XH

XW v XH

The Court of Appeal granted the reporting restrictions order and anonymisation, finding that the Article 8 rights of the parties and their son AB, particularly the risk of harm and disruption to AB's life, outweighed the Article 10 rights and public interest in open justice. The exceptional circumstances justified departure from the default public hearing and reporting.

Parties
Appellant: XW; Respondent: XH
Jurisdiction
England and Wales
Judgment Date
02 April 2019
Procedural Posture
Application for Reporting Restrictions Order in Financial Remedy Appeal / Court of Appeal, Pre Hearing Application
Outcome
application granted
Legal Topics
Reporting Restrictions, Anonymity, Open Justice, Privacy, Article 8 ECHR, Article 10 ECHR, Balancing Exercise, Children's Interests
Family Law Media Law Human Rights Reporting Restrictions Anonymity Open Justice Privacy Article 8 ECHR +3 more

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Parties

XW

Appellant

XH

Respondent

Procedural Posture

Application for Reporting Restrictions Order in Financial Remedy Appeal / Court of Appeal, Pre Hearing Application

Legal Issues

  1. 1 Whether a reporting restrictions order and anonymisation should be granted in a financial remedy appeal to protect the interests of a child
  2. 2 Balancing Article 8 privacy rights against Article 10 freedom of expression and open justice

Ratio Decidendi

The Court of Appeal granted the reporting restrictions order and anonymisation, finding that the Article 8 rights of the parties and their son AB, particularly the risk of harm and disruption to AB's life, outweighed the Article 10 rights and public interest in open justice. The exceptional circumstances justified departure from the default public hearing and reporting.

Court Disposition

application granted

Orders

  • Reporting restrictions order made to protect the identity and interests of AB
  • Anonymisation of parties and child