ABC, PETITION OF ABC AGAINST (FIRST) PRINCIPAL REPORTER; (THIRD) THE LORD ADVOCATE [2018] ScotCS CSIH_72 (27 November 2018)

ABC, PETITION OF ABC AGAINST (FIRST) PRINCIPAL REPORTER; (THIRD) THE LORD ADVOCATE [2018] ScotCS CSIH_72 (27 November 2018)

Court held that anonymity order was justified to protect the child's identity, balancing Article 8 ECHR rights against open justice, and Scottish procedure is compatible with ECHR.

Citation
[2018] ScotCS CSIH_72
Parties
Petitioner: ABC; First Respondent: Principal Reporter; Third Respondent: Lord Advocate
Jurisdiction
Scotland
Judgment Date
27 November 2018
Procedural Posture
Petition for Judicial Review / Appeal
Outcome
petition allowed
Legal Topics
Anonymity Orders, Children's Rights, European Convention on Human Rights, Public Interest Immunity
Family Law Constitutional Law Human Rights Anonymity Orders Children's Rights European Convention on Human Rights Public Interest Immunity

Case Brief

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Parties

ABC

Petitioner

Principal Reporter

First Respondent

Lord Advocate

Third Respondent

Procedural Posture

Petition for Judicial Review / Appeal

Legal Issues

  1. 1 Whether anonymity order should be granted to protect identity of petitioner and child
  2. 2 Compatibility of Scottish procedure with Article 8 ECHR
  3. 3 Balancing open justice with privacy rights

Ratio Decidendi

Court held that anonymity order was justified to protect the child's identity, balancing Article 8 ECHR rights against open justice, and Scottish procedure is compatible with ECHR.

Court Disposition

petition allowed

Orders

  • Anonymity order granted for petitioner and child
  • Reporting restrictions imposed