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Re Child X (Residence and Contact - Rights of media attendance - FPR Rule 10.28(4))
Comment
The decision to exclude the media was based on a number of unusual features in the case which are unlikely to apply in most cases involving children. Most important was the evidence relating to the vulnerability of the child and specifically the likely adverse impact of media presence on this child's welfare. The interest of foreign media in the case to date was another notable factor, giving rise to a real concern as to how reporting of the details of the case, prohibited under English law, could be prevented. Also significant was the question of duties of confidence on the part of medical and other experts who have not warned the witnesses that their evidence is likely to be heard in the presence of media representatives, a matter which will need to be considered carefully by experts acting in child cases in future. The court gave important guidance about the procedure to be adopted in cases where parties know that they are to apply for exclusion of the media in future.