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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> DE v AB [2014] EWCA Civ 1064 (24 July 2014) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2014/1064.html Cite as: [2014] EWCA Civ 1064 |
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ON APPEAL FROM THE FAMILY DIVISION OF THE HIGH COURT
BODEY J
FD12P04004
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
DE |
Appellant |
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- and - |
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AB |
Respondent |
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[No 2] |
____________________
The Appellant appeared in person
Hearing date: 24 July 2014
____________________
Crown Copyright ©
Lord Justice Ryder:
"to any third party without permission of the court any information or documents disclosed in or used for the purposes of these proceedings"
except as to the extent necessary for seeking legal advice and making relevant disclosure to the Child Support Agency or similar body fulfilling equivalent functions.
Background to the hearing
"particularly concerned that these proceedings involve a young child who may be affected by any proceedings which may be taken against either of his parents or their involvement in continued litigation together… The conclusion that I have reached is that it is manifestly not in the interests of the parties or of John for documents to be disclosed to the Police in circumstances where there is no investigation which is being undertaken to which these documents would be relevant. I am not suggesting that any such investigation should be undertaken. It seems to me that the issues arising from the non-disclosure in 2010 have been dealt within these proceedings. Nothing is to be gained for the parties, or indeed for the public, in disclosure to the Police which would precipitate an investigation by them."
Orders currently in place and the publicity of the proceedings
Legal submissions on the law – power to sit in private
"As the paramount object must always be to do justice, the general rule as to publicity, after all only the means to an end, must accordingly yield. But the burden lies on those seeking to displace its application in the particular case to make out that the ordinary rule must as of necessity be superseded by this paramount consideration."
"But a principle of judicial inquiry, whether fundamental or not, is only a means to an end. If it can be shown in any particular class of case that the observance of a principle of this sort does not serve the ends of justice, it must be dismissed; otherwise it would become the master instead of the servant of justice. Obviously, the ordinary principles of judicial inquiry are requirements for all ordinary cases and it can only be in an extraordinary class of case that any one of them can be discarded. This is what was so clearly decided in Scott v Scott."
"That test is not easy to pass. It is not enough to show that dispensation would be convenient. It must be shown that it is a matter of necessity in order to avoid the subordination of the ends of justice to the means."
The Convention and public hearings
"In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice."
"….the requirement to hold a public hearing is subject to exceptions. This is apparent from the text of Art 6(1) itself which contains the proviso that 'the press and public may be excluded from all or part of the trial…. where the interests of juveniles or the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice'. Moreover, it is established in the Court's case-law that, even in a criminal law context where there is a high expectation of publicity, it may on occasion be necessary under Art 6 to limit the open and public nature of proceedings in order, for example, to protect the safety or privacy of witnesses or to promote the free exchange of information and opinion in the pursuit of justice …" [37]
"The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society … for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
Application to the present case
Court of Appeal – powers to restrict reporting of the hearing