CA upholds President's decision to allow publication of earlier judgments
The Court of Appeal (Underhill, Bean and King LJJ) has decided that Sir Andrew McFarlane, the President of the Family Division, overseeing continuing wardship proceedings in relation to two children of the ruler of the Emirate of Dubai, was not wrong to permit publication of his fact-finding and assurances and waiver judgments at a time when the final welfare hearing in respect of the children was yet to take place. The Court of Appeal’s judgment has now been published, as have the fact-finding and assurances and waiver judgments, and the judgment of Sir Andrew McFarlane allowing publication of his earlier judgments. The Father, HH Sheikh Mohammed bin Rashid al Maktoum, applied to the Supreme Court for permission to appeal against the Court of Appeal’s ruling, but it was refused.
Members of 5RB have played a prominent role in the publicity-related aspects of these proceedings. Desmond Browne QC and Adam Speker (instructed by Stewarts Law and by Harbottle & Lewis LLP) represented the Father at first instance, while Godwin Busuttil (instructed by Harbottle & Lewis LLP) acted for him on appeal. Meanwhile, Justin Rushbrooke QC and Kate Wilson (instructed by Payne Hicks Beach) represented the Mother on the appeal, and Andrew Caldecott QC (instructed by Associated Newspapers Ltd’s Legal Deparment) acted for the Media Respondents. Christina Michalos QC (instructed by DAC Beachcroft) acted for witness XX who obtained a reporting restrictions order at first instance.