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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 >> C (A Child)  EWCA Civ 798 (29 July 2016)
Cite as:  WLR(D) 448,  1 WLR 5204,  WLR 5204,  2 FLR 105,  EWCA Civ 798,  Fam Law 1223
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
MRS JUSTICE PAUFFLEY
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE McFARLANE
LORD JUSTICE BURNETT
| C (A Child)
Jacob Dean (instructed by London Borough of Sutton) for the First Respondent
Hearing date: 22/07/2016
Crown Copyright ©
Master of the Rolls:
The relevant law and legal principles
"The Court of Appeal made clear in Re C (A Child)  EWCA Civ 500 at  that the decision whether or not to publish the judgment constitutes a case management decision. In my judgment it is open to the court to remove the judgment from the public domain or otherwise make orders restricting its use in light of new evidence or changed circumstances as part of the courts' case management powers regarding disclosure and the wide powers under FPR 2010 r 4.1(3)(o) to further the overriding objective of ensuring the case is dealt with justly."
The exercise of the power
"the starting point is that permission should be given for the judgment to be published unless there are compelling reasons why the judgment should not be published."
The judge's approach
"There is the potential for prejudice to, even the derailing of, the criminal process. That, to my mind, is manifest. The risk may be, as Mr Bunting suggests, small but the consequences for the criminal process could be incalculable."
"The arguments in favour of the release of King J's judgment are powerful and strong. They will remain so. I fully expect that so soon as the criminal appeals' process is at and end a full, suitably redacted version of the 30th June 2014 Judgment will be published."
"If Mr Butler is successful in his appeal against conviction and a retrial is ordered, the prejudice caused by disclosure of the extensive ruling of Mrs Justice Eleanor King cannot be overcome and Mr Butler will be deprived of a fair trial."
Lord Justice McFarlane:
Lord Justice Burnett: