Robinson v Sunday Newspapers Ltd [2011] NICA 13 (25 May 2011)

Robinson v Sunday Newspapers Ltd [2011] NICA 13 (25 May 2011)

Given the real and immediate risk of harm to the appellant's mental health and life from public disclosure of sensitive medical information, and the inadequacy of reporting restrictions in the context of modern media and social networking, the positive obligations under Articles 2 and 3 ECHR require a private hearing of the injunction application.

Citation
[2011] NICA 13
Parties
Plaintiff/appellant: Iris Robinson; Defendant/respondent: Sunday Newspapers Limited
Jurisdiction
Northern Ireland
Judgment Date
25 May 2011
Procedural Posture
Appeal From Interlocutory Decision / Appeal
Outcome
Appeal allowed
Legal Topics
Open Justice, Private Hearings, Reporting Restrictions, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Mental Health Confidentiality
Human Rights Media Law Privacy Law Civil Procedure Open Justice Private Hearings Reporting Restrictions Article 2 ECHR +3 more

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Parties

Iris Robinson

Plaintiff/appellant

Sunday Newspapers Limited

Defendant/respondent

Procedural Posture

Appeal From Interlocutory Decision / Appeal

Legal Issues

  1. 1 Whether the hearing of an injunction application should be held in private to protect the appellant's rights under Articles 2, 3, and 8 ECHR
  2. 2 Whether reporting restrictions are sufficient to mitigate risks to the appellant's health and privacy
  3. 3 Balancing open justice against protection of private information and risk to life

Ratio Decidendi

Given the real and immediate risk of harm to the appellant's mental health and life from public disclosure of sensitive medical information, and the inadequacy of reporting restrictions in the context of modern media and social networking, the positive obligations under Articles 2 and 3 ECHR require a private hearing of the injunction application.

Court Disposition

Appeal allowed

Orders

  • The application for the continuation of the injunction is to be heard in private.
  • Fresh evidence admitted on appeal.