A.B -v- C.D [2013] IEHC 578 (09 December 2013)

A.B -v- C.D [2013] IEHC 578 (09 December 2013)

The court has no discretion to permit media reporting of proceedings governed by the mandatory in camera rule under section 34 of the 1989 Act and section 38(6) of the 1995 Act; the Oireachtas has already balanced the relevant constitutional rights, and exemptions for media reporting do not extend to bona fide press representatives.

Citation
[2013] IEHC 578
Parties
Applicant/respondent: A. B.; Respondent/appellant: C. D.; Intervener/applicant: Times Newspapers Limited
Jurisdiction
Ireland
Judgment Date
09 December 2013
Procedural Posture
Family Law Application / Motion for Media Reporting Permission
Outcome
application refused
Legal Topics
In Camera Rule, Open Justice, Media Reporting, Privacy of Family Proceedings, Judicial Discretion
Family Law Constitutional Law Media Law In Camera Rule Open Justice Media Reporting Privacy of Family Proceedings Judicial Discretion

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Parties

A. B.

Applicant/respondent

C. D.

Respondent/appellant

Times Newspapers Limited

Intervener/applicant

Procedural Posture

Family Law Application / Motion for Media Reporting Permission

Legal Issues

  1. 1 Whether the court has discretion to permit media reporting of family law proceedings governed by mandatory in camera provisions
  2. 2 Whether the father's application to strike out or set aside a previous order constitutes a separate proceeding not subject to the in camera rule

Ratio Decidendi

The court has no discretion to permit media reporting of proceedings governed by the mandatory in camera rule under section 34 of the 1989 Act and section 38(6) of the 1995 Act; the Oireachtas has already balanced the relevant constitutional rights, and exemptions for media reporting do not extend to bona fide press representatives.

Court Disposition

application refused

Orders

  • Times Newspapers Limited is not permitted to have a reporter attend or report on the hearing of the motion.