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England and Wales High Court (Family Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> RJ v Tigipko  EWHC 448 (Fam) (01 March 2019)
Cite as:  EWHC 448 (Fam)
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Strand, London, WC2A 2LL
B e f o r e :
- and -
Deborah Eaton QC, Alexander Cameron QC and Stephen Jarmain (instructed by Charles Russell Speechlys LLP) for the 1st Respondent
Richard Kovalevsky QC, Mark Jarman and Greg Callus (instructed by Stewarts) for the 2nd Respondent
The 3rd Respondent did not appear and was not represented
Samantha King QC and Michael Gration (instructed by Goodman Ray) for the 4th & 5th Respondents
Gervase de Wilde (instructed by RPC) for the Interested Parties
Hearing date: 26 February 2019
Crown Copyright ©
Mr Justice Mostyn:
"Pursuant to s.11 Contempt of Court Act 1981 and/or the inherent jurisdiction of the court, the findings of fact made against the maternal grandfather contained within paragraphs , , , ,  and  of the judgment handed down on 25 January 2019 may not be reported until the conclusion or abandonment of any relevant criminal investigation into, or criminal proceedings against, the maternal grandfather, or further order of the court."
The mother sought an equivalent order.
i) the refusal by the Court of Appeal of all applications for permission to appeal on behalf of the mother, MGF or the third respondent (Slava);
ii) if no application is made to the Court of Appeal for permission to appeal by any of the above, by 16:00 on 1 February 2019 or such later date if the period is extended by the Court of Appeal;
iii) if permission to appeal is granted by the Court of Appeal, until further order of the Court of Appeal;
iv) the determination by the court of the redaction applications dated 24 January 2019.
 The father states that prior to the appeal hearing the maternal grandfather, the second respondent, ("MGF") requested that they meet up. That duly occurred on the very evening of the appeal hearing. The father says, and I accept, that MGF sought to persuade the father to agree that the children could live in the Ukraine but could give no guarantees that the children would be able to travel to England were that to be agreed. On being told by the father that, therefore, it would not be agreed MGF said that it was "not over". This was clearly a threat.
 The application by the mother's father, as referred to in her text and in the letter from her solicitors, was made on 14 August 2018 and named the mother, the father and Slava as respondents. It sought to prevent the girls and the baby from leaving Ukraine. It referred to my order of 27 April 2018 and said that I had dismissed the mother's relocation application for "unclear reasons". It asserted that were the children to leave the Ukraine it would make "my communication with grandchildren and their upbringing impossible" without mentioning that his own son is at boarding school here and that he has a visa allowing him to visit this country. On any view it was a thoroughly misleading application. It was returned to him on the 16 August 2018 and no injunction was ever granted on the application while it existed.
 There is no doubt in my mind that the mother, in concert with MGF and her husband Slava, has made the fateful decision to defy the authority of this court and to retain the girls in the Ukraine indefinitely.
 The mother says that there is nothing to prevent the father travelling to the Ukraine to have contact with the girls. However, the father says that he is not prepared to do so as he considers that he would be at risk of false accusations being made against him which could imperil his liberty. It is true that he made similar allegations in the relocation proceedings which I dismissed in my judgment of 27 April 2018. The situation now is very different. The mother has shown herself to have no respect whatever for the rule of law and MGF has been shown to have easily made untrue and misleading applications to the Ukrainian court. In my judgment the father's caution is entirely understandable.
 Fundamentally, my decision is this: there is a reasonable prospect, if publicity is allowed, that its effect will be to make the mother and MGF see sense and to agree, in advance of what seems to me to be an inevitable outcome of 1996 proceedings in the Ukraine, to the return of the girls to the land of their habitual residence to live in London under the care of both of their parents. I have already rejected above the argument of the mother that her new husband is raising an authentic impediment to this step being taken. It is my judgment that publicity is positively in the interests of these children on the specific facts of this case.
 I also agree, although it is irrelevant to the decision which 1 have reached, that there is a strong public interest in far more press reporting of the scourge of international child abduction. Child abduction is a heinous practice, and there are in force, as explained above, international agreements to seek to prevent it. Yet public awareness is curiously very limited. It is strongly in the public interest that much greater awareness is generated about this dreadful phenomenon. I echo the words of the Lord Chief Justice, Lord Judge, in R v Kayani  EWCA Crim 2871, [2012) 1 WLR 1927 at :
"The abduction of children from a loving parent is an offence of unspeakable cruelty to the loving parent and to the child or children, whatever they may later think of the parent from whom they have been estranged as a result of the abduction. It is a cruel offence even if the criminal responsible for it is the other parent."
 Finally, I deal with the application made by Mr Jarman that MGF be discharged as a party. This is, in my judgment, a hopeless application in circumstances where I am satisfied that MGF acted in concert with the mother in the abduction of these children. The father indicated at the hearing that he intended to seek further relief against MGF (and Slava) and duly issued an application on 21 January 2019; but that is not the reason for my refusal of the application. It is based on his deep complicity, of which I am fully satisfied.
"Publication of matters exempted from disclosure in court.
In any case where a court (having power to do so) allows a name or other matter to be withheld from the public in proceedings before the court, the court may give such directions prohibiting the publication of that name or matter in connection with the proceedings as appear to the court to be necessary for the purpose for which it was so withheld."
"(1) Subject to this section a person is not guilty of contempt of court under the strict liability rule in respect of a fair and accurate report of legal proceedings held in public, published contemporaneously and in good faith.
(2) In any such proceedings the court may, where it appears to be necessary for avoiding a substantial risk of prejudice to the administration of justice in those proceedings, or in any other proceedings pending or imminent, order that the publication of any report of the proceedings, or any part of the proceedings, be postponed for such period as the court thinks necessary for that purpose."
"Where, as here, Parliament has spelt out in considerable detail what must be done in a particular class of case it is not open to litigants to bypass the special Act, nor to the courts to disregard its provisions by resorting to the earlier procedure, and thus chose to apply a different jurisprudence from that which the Act prescribes. Any other conclusion would, I believe, lead to the most serious confusion. The result of a particular application cannot depend on which of two alternative statutory provisions the applicant invokes, where one is quite general and the other deals in precise detail with the situation involved and was enacted at a time when the general provision already existed."
"[Section 4(2)] is aimed at postponement, not prohibition, of publication of what has happened during court proceedings. It is most frequently deployed where subsequent related trials might be prejudiced by reports of the evidence, argument or outcome of earlier trials. Once all the trials have concluded, the period of postponement will come to an end and full publication can follow without risking adverse consequences to the fairness of the proceedings".
"I accept immediately that the facts of this case raise serious issues that will be of genuine public concern. Initially, I made a Reporting Restriction Order pending the completion of the criminal trial for murder of Matthew Scully-Hicks. I could not permit the criminal trial to be derailed if my judgment had come into the public domain too early. I make it quite clear, however, that the Reporting Restriction Order would only last until the conclusion of the criminal trial. I indicated that, at that point, I would give permission for this judgment to be reported in full although there would have to be some anonymisation, if only to protect C."
In that case the fact-finding judgment was embargoed from December 2016 until conclusion of the criminal proceedings 11 months later. The criminal proceedings were plainly pending at the time that the fact-finding judgment was delivered.