Open Justice - Non-Contentious Probate Proceedings - Whether the media has a right to be heard in proceedings in which it is not a party - Whether the President of the Family Division should have held a private hearing not on notice to the media - the role of the Attorney-General
Reporting Restrictions - Witness Anonymity - Right to Life (Art 2) - Prohibition against torture, inhuman or degrading treatment or punishment (Art 3) - Freedom of Expression (Article 10) - Blackmail
Breach of Confidence - Injunction Against Person(s) Unknown - Application for Default Judgment and permanent injunction on paper - CPR 23.8 - Derogations from Open Justice
Open Justice - Disclosure - Application by a non-party for court documents - Power of the court to provide documents to a non-party - CPR 5.4C - CPR 32.12 - CPR 32.13
The publication of a judgment in care proceedings relating to Child C should not be delayed in order to protect any potential appeal by C's father against his conviction for the murder of C's elder sibling.
Prohibitions on reporting the financial remedy proceedings between Liam Gallagher and Nicole Appleton were continued by the High Court until the Family Court judgment, at which time the issue could be revisited.
Elements of the tort of Wilkinson v Downton - interim injunction - article 10 - freedom of expression - whether Wilkinson v Downton should operate to prohibit a writer from telling a true autobiographical account of his upbringing which risks causing psychological harm to his son
Defamation - Libel - Foreign Parties - Settlement of Action by way of Tomlin Order - Whether contractual undertakings restricting freedom of expression had been breached - Whether contractual undertakings restricting freedom of expression should be coverted into an injunction - Whether an inquiry as to damages should be ordered - Applications for Derogations from Open Justice - Hearing in Private- Restrictions on Access to Papers
reporting restriction order - identification - children - identity of defendant in criminal proceedings - human rights - Article 8 ECHR - Article 10 ECHR
Defamation - qualified privilege - s 15 Defamation Act 1996 - Schedule to 1996 Act - document on public register - Particulars of Claim - extract - fair and accurate - of public concern - publication for public benefit - malice - recklessness - indifference - common law qualified privilege - court reporting - contemporaneous - s14 Defamation Act 1996 - absolute privilege
Open justice - reporting - clinical negligence - child - settlement - approval - Children and Young Persons Act 1933 - section 39 - reporting online - anonymity - CPR 39.2(4) - CPR 5.4C - orders for anonymity and reporting restrictions made - orders prohibiting third party access to court file made
Open justice - reporting - clinical negligence - child - settlement - approval - Children and Young Persons Act 1933 - section 39 - criteria for order prohibiting identification - order made under section 39 - question is whether sufficient general public interest in a report which identified the claimant to justify any resulting curtailmment of his and his family's right to respect for private life - no such general interest - risk object of proceedings would be defeated
Reporting restrictions - Criminal proceedings - Blanket ban on reporting trial - Contempt of Court Act 1981, s.4(2) - Effect of contemporaneous reporting on witnesses at trial
Court file - 'Sealing' file - Form of order sealing file - Access to documents - Non-party - CPR 5.4C - Use in other litigation - Threshold requirements
Open justice - Coroners inquests - Private hearings - National security - Terrorism - Meaning of "the public" in r.17 Coroners Rules 1984 - s.8(3) Coroners Act 1988
Reporting restrictions - Magistrates court - Application for order banning publication of defendant police officers home address - Order refused - Judicial review
Human rights - private life - reputation - freedom of expression - persons designated as suspected terrorists - challenge to designation - anonymity orders - press challenge - application to lift orders - correct approach
Care Proceedings - Anonymity - Expert witnesses - Contra mundum injunctions - Publication of information relating to the proceedings - s.12 Administration of Justice Act 1960 - Article 8 - Privacy
Family proceedings - Reporting Restrictions - Family Procedure Rules 1991 - The Family Proceedings (Amendment No 2) Rules 2009 - Children - Rights of Media Attendance - Rule 10.28(4)
Criminal procedure – Reporting restrictions – Broadcasters – Anonymity - Identity of defendant acquitted of rape - Art. 8 European Convention of Human Rights - Art.10 European Convention of Human Rights - s. 6(1) Human Rights Act 1998 - s. 35 Criminal Appeal Act 1968 – Criminal Appeal (Reference of Points of Law) Rules 1973
Reporting restrictions - Family - Children - Injunctions - Article 10 - Freedom of expression - Article 8 - Respect for privacy and family life - Public domain - 'Canute' principle - s.12 Human Rights Act 1998
Freedom of Expression - Privacy – European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 Article 10 – Freedom of the press - Reporting on pending criminal proceedings – Photos - Public interest
Care proceedings – s.12, Administration of Justice Act 1960 – Publication of judgments - Identification of local authority - Articles 8 and 10, European Convention on Human Rights
Witness anonymity - inherent jurisdiction - CPR 39.2(4) - interests of witness and her children - private and family life - open justice - balancing - intense focus - order granted
Reporting restrictions - s.39, Children and Young Persons Act 1933 - Criminal offence - Order to prohibit publication of particulars identifying child as defendant - Application to lift restrictions - Whether any good reason for restrictions
Reporting restrictions - Contempt of Court Act 1981, ss.4(2), 11 - Scope of orders - Whether s.4(2) order could be used to postpone publication indefinitely - Whether s.11 order could prohibit publication of speculation
Contempt - Reporting restrictions - Private hearing - Party disclosing information to journalist - s.12 Administration of Justice Act 1960 - CPR Part 39.2(3)
Reporting restrictions - Care proceedings - s. 12 Adminstration of Justice Act 1960 - Disclosure - Anonymised judgments - Contra mundum order to protect medical expert witnesses, treating doctors, social workers and other witnesses in care proceedings - Interim orders - Practice and procedure - s. 12 Human Rights Act 1998 -Duration of order - Requirement of notice
Reporting restrictions - care proceedings - s. 97(2) Children Act 1989 - Rule 16(7) Family Proceedings Rules 1991 - open justice - Arts 6, 8, 10 - s. 12 of the Administration of Justice Act 1960
Reporting restrictions - Postponement of reporting - s.4(2), Contempt of Court Act 1981 - Risk of substantial prejudice - Right to fair trial - Art 6, ECHR - Right to freedom of expression - Art 10, ECHR
Confidential Information - Reporting restrictions - Restrictions on use of a disclosed document - Documents read or referred to in open court - CPR 31.22
Reporting Restrictions - Children - s.39 Children and Young Persons Act 1933 - Proper scope of order - Appeals - s.159 Criminal Justice Act 1988 - Sexual offences - Automatic restrictions - s.1(2) Sexual Offences (Amendment) Act 1992
Open Justice - In Private Hearings - Application to have judgment handed down in private - CPR Part 39.2(3) - Medical information relating to witness - Article 8 - s.11 Contempt of Court Act 1981
Injunctions - Inherent jurisdiction - Capacity to consent to participation in television programme - Whether in subject's best interests - Balance between Article 10 and Article 8
Criminal law - Reporting restrictions - Human rights - Information likely to lead to identification of victim of sexual offence - Sexual Offences (Amendment) Act 1992 - Freedom of expression - Article 10 - Whether necessary in a democratic society - Whether conduct proscribed by law
Family Division - Reporting Restriction Orders - Applications in High Court - Notifying Respondents - Without Notice Orders - s.12 Human Rights Act 1998
Family Division - Reporting Restriction Orders - Applications in High Court - Notifying Respondents - Without Notice Orders - s.12 Human Rights Act 1998
Rape trial – reporting restriction under s.4(2) Contempt of Court Act 1981 – complainant threatening not to give evidence unless restriction imposed - Articles 8, 10 European Convention on Human Rights
Reporting restrictions - Family proceedings - Routine exclusion of the press and public - s.97(2), Children Act 1989 - Statutory prohibition on identifying a child who is the subject of proceedings under the Children Act 1989 - Whether these constraints are Convention compliant
Family law- Human Rights - Children - local authorities - care proceedings- privacy - rights of mature teenager - Article 8 - Article 10- freedom of expression - proper approach to varying injunction
Reporting Restrictions - s.4 Contempt of Court 1981 - Appeal of refusal to make an order to the Court of Appeal - s.159 Criminal Justice Act 1988 - Jurisdiction
Family - Children - Reporting Restrictions - Injunction - Privacy - Confidence - Press Complaints Commission Code of Conduct - s.12 Human Rights Act 1998
Court proceedings - confidentiality - chambers applications - Family Division - Applicant disclosing to press other party's evidence given at hearing in chambers - Whether family proceedings to be held in chambers - Whether proceedings in chambers confidential - Whether disclosure without Court's permission a contempt
Family proceedings - press restrictions - celebrities - prohibition on taking or publishing photographs of children - prohibition on parents communicating with news media about each other or about children - prohibition on publishing order or summary of order - application by newspaper to discharge or vary court's order to permit publication of summary of court's decision