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Family Law

The leading authority on all aspects of family law

25 MAY 2012

PRACTICE AND PROCEDURE:P v Independent Print Ltd and Ors [2011] EWCA Civ 756, [2012] COPLR 110

(Court of Appeal, Ward, Carnwath, Tomlinson LJJ, 4 July 2011)

The young man had been born into a severely dysfunctional family and suffered from severe uncontrolled epilepsy. He was taken into care and was subsequently adopted. His adoptive mother disagreed with the treatment he was being provided with and without any supervision by medics withdrew all of his current medication. He was admitted to hospital with life threatening epileptic seizures and the local authority brought proceedings to determine his future.

The young man was ordered to live independently from his adoptive mother and on the date of the review, without prior warning, the Independent newspaper sought permission to attend and report on the hearing. The judge refused to adjourn and granted the newspaper permission to report subject to certain restrictions. The young man appealed.

The judge had properly considered the relevant factors and his decision not to adjourn had been fair and proper. In making his decision the judge had carefully balanced the young man's Art 8 rights with the Art 10 rights of the media and had come to the correct conclusion.

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