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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> OPO v MLA & Anor  EWCA Civ 1277 (29 October 2014)
Cite as:  WLR(D) 422,  EWCA Civ 1277,  EMLR 4
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ON APPEAL FROM THE HIGH COURT
Queen's Bench Division
The Hon Mr Justice Bean
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE JACKSON
LORD JUSTICE McFARLANE
|- and -
Hugh Tomlinson QC (instructed by Bindmans LLP) for the First Respondent and Jacob Dean (instructed by Simons Muirhead & Burton) for the Second Respondent
Crown Copyright ©
Lady Justice Arden:
"(1) The information or purported information that the Respondents intended to publish in a book entitled "Instrumental" ("the Book") (extracts of which are particularised in Confidential Schedule 3) which give graphic accounts of the First Defendant's account of sexual abuse he suffered as a child; his suicidal thoughts and attempts; his history of and treatment for mental illness and incidents of self-harming; his thoughts about killing the Appellant; his fears that the Appellant would also be a victim of sexual abuse and linking this account to the Appellant.
(2) Any information liable to or which might lead to the identification of the Appellant (whether directly or indirectly) as the subject of the proceedings or the material referred to above."
a) sexual abuse he suffered as a child or his suicidal thoughts or attempts or
b) his history of and treatment for mental illness and incidents of self-harming or
c) his thoughts about killing the appellant or
d) his fears that the appellant would be a victim of sexual abuse and linking this account to the appellant.
- Page 33. Although this uses a word which adults could use dispassionately, namely "rape", the actual expression is dramatic. It is "getting raped". We are satisfied that that is graphic language in the sense described above.
- Page 45. This is a graphic account of both the cycle of sex abuse and the mental processes which the defendant went through.
- Page 64. This is a graphic account of acts preparatory to sex abuse.
- Pages 67 -68. This is clearly a graphic account of mental illness. It ends with the words "And so began my first psychiatric hospital experience."
- Pages 78 -79. This passage includes references to mental illness and is graphic in the sense given. There are references to Jane which may not ordinarily be connected with mental illness but we note that the passage includes "that [i.e. marriage] would balance out the crazy in me."
- Page 82. It is said that terror at the responsibility of the birth of a first child is a common emotion, but it is properly capable of being contended that in this context it is connected with mental illness.
- Pages 83-85 (excluding underlined passages). This is a graphic account of the vulnerabilities of the defendant. In particular it includes a sentence "An infant having a father who had not even remotely conquered his particular brand of crazy does not have a father." There is a clear link between mental illness and the birth of OPO. The account is a graphic account in the sense given above of mental illness.
- Page 88. We are satisfied this ought to be within the order. We note in particular that the final sentence reads "Those blissfully ignorant nurses might as well have given the keys to an Aston Martin to a four year-old in Times Square and said, 'Go crazy.'"
- Pages 90-91. This seems to us to be a graphic description of mental illness in the sense given above.
- Page 92. This refers to self-harm and is graphic within in the sense given above.
- Pages 100-103. This is a graphic account of mental illness in our view.
- Pages 106-107. There is a reference here to mental illness and to sex abuse. This qualifies to be in the order.
- Pages 107-112. This in our view is a vivid description of mental illness.
- Page 123. This is in our view a graphic account of mental illness. The same applies to the remaining extracts (pages 130-2, 136, 141-2, 220 and 222-3), which we have read.
Lord Justice Jackson
Lord Justice McFarlane