Re X & Y

Reference: [2004] EWHC 762 (Fam); [2004] EMLR 607

Court: Family Division

Judge: Munby J

Date of judgment: 6 Apr 2004

Summary: Privacy - Injunctions - Reporting restrictions - Children

Download: Download this judgment

Instructing Solicitors: Farrer and Co for the Defendant and Intervener, Cafcass for X and Y

Facts

The Claimant (F) and his identical twin brother, U, lived in the same town. F was the father of twin 8 year old daughters, X and Y, who were both disabled. The Claimant and his brother were both convicted paedophiles. F’s 1996 trial and U’s 1997 trial (in which he was acquitted) were extensively reported in the local press. Following X and Y’s placement in care on the death of their mother, his own rehabilitation and risk assessment, F resumed sole care of X and Y. U was arrested in 2003 for raping and indecently assaulting minors. Both the charges and bail were reported locally and U’s property was vandalised. In advance of the trial F applied for an injunction against a local newspaper (as well as contra mundum) restraining the publication of information relating to X, Y and himself. A temporary order was granted. The renewed application was opposed by the Defendant and an intervener who argued that any injunction should contain an open court reporting proviso.

Issue

Whether a temporary order restraining publication of information relating to F, X or Y should be continued with the addition of a prohibition on the publication of photographs of U.

Comment

Following <A
href=”http://localhost/5rb/casereports/detail_redirect.asp?case=221″ target=_parent>Re S, an overall balance was struck in this case between the Article 8 rights of two disabled twins and the freedom of the press to report criminal proceedings involving their uncle, their father’s identical twin, who was, understandably, frequently confused for their father.