Haddock v MGN Ltd & Ors [2008] NICh 14 (17 October 2008)

Haddock v MGN Ltd & Ors [2008] NICh 14 (17 October 2008)

The plaintiff is entitled to be screened from the public during the hearing, except that he must be visible to the judge, court officials, legal advisors on both sides, and a very small number of persons chosen by the defendants, provided those persons have not served custodial sentences. This balances the plaintiff's right to life and fair trial with the interests of justice and the defendants' rights.

Citation
[2008] NICh 14
Parties
Plaintiff: Mark Haddock; Defendants: MGN Limited and Others (No. 1)
Jurisdiction
Northern Ireland
Judgment Date
17 October 2008
Procedural Posture
Civil / Interlocutory Application for Screening Order
Outcome
Application granted with conditions
Legal Topics
Injunctions, Right to Life, Right to Fair Trial, Open Justice, Witness Protection, Privacy, Freedom of Expression
Civil Procedure Human Rights Media Law Injunctions Right to Life Right to Fair Trial Open Justice Witness Protection +2 more

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Parties

Mark Haddock

Plaintiff

MGN Limited and Others (No. 1)

Defendants

Procedural Posture

Civil / Interlocutory Application for Screening Order

Legal Issues

  1. 1 Whether the plaintiff should be screened from public view during the hearing to protect his safety
  2. 2 Whether the court should balance the plaintiff's rights against open justice and the interests of the defendants

Ratio Decidendi

The plaintiff is entitled to be screened from the public during the hearing, except that he must be visible to the judge, court officials, legal advisors on both sides, and a very small number of persons chosen by the defendants, provided those persons have not served custodial sentences. This balances the plaintiff's right to life and fair trial with the interests of justice and the defendants' rights.

Court Disposition

Application granted with conditions

Orders

  • Plaintiff to be screened from public view during the hearing, except visible to judge, court officials, legal advisors, and a small number of persons chosen by the defendants who have not served custodial sentences.
  • Assurance to be provided to the court regarding the custodial history of those permitted to view the plaintiff.