October 27, 2008
Judge lifts adoption injunction
Mail on Sunday wins right to identify adoption father in organ transplant case
A judge today allowed the Mail on Sunday to publish details of an adoption case involving a child who will need an organ transplant.
Hampshire County Council had earlier obtained an order preventing the newspaper from telling the story of Michael Shergold, the father of the adopted child.
Hampshire first contacted Mr Shergold in 2007, when the child was four, to inform him he had a child who was in care. Mr Shergold claimed this was the first he knew of the child, and believes that Hampshire only attempted to trace him once it became apparent that the child would require an organ transplant.
Mr Shergold then brought legal proceedings to win custody of the child. After his legal battle ended in failure, an injunction was granted preventing the story from being told.
Mr Justice Coleridge today overturned the injunction. He permitted the newspaper to identify Mr Shergold, and ruled that there was no reason to stop the story from being told. He also allowed the judgment in the adoption proceedings to be made public.
In order to protect the identity of the adopted child, the judge prevented the newspaper from identifying the details of the child’s medical condition.
5RB’s Adam Wolanski acted for Associated Newspapers, publisher of the Mail on Sunday.