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A v B (EAT)
Held
On the face of it the Tribunal had no power to make a permanent anonymity order. The question is whether loss of anonymity would breach A's Convention rights. If so, it is the duty of the Tribunal to interpret its power so as to protect anonymity. When considering A's rights under Art 8 balanced against the rights protected by Art 10 the balance came down in favour of preserving X's anonymity. If it became public knowledge that the police believed A was an active paedophile, that would have a devastating effect on his Art 8 rights. Because of the outcome of the proceedings and the fact there were no other proceedings against A there was no public interest to outweigh those rights. Accordingly, the Tribunal, in the exercise of its powers to regulate its procedure under the 1996 Act, should anonymise its judgment.