Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Family Law

The leading authority on all aspects of family law

Court of Protection Practice and Procedure Conference 2016

A comprehensive guide to best practice and current thinking

22 APR 2010

PUBLICITY/ VULNERABLE ADULT: Independent News & Media v A [2010] EWCA Civ 343

(Court of Appeal; Lord Chief Justice, Master of the Rolls, Sir Mark Potter; 31 March 2010)

An application by the media was made to attend a Court of Protection hearing where a vulnerable adult was a public figure. The rules provided that matters were to be dealt with in private unless 'good reason' to do otherwise. The judge held that Court of Protection hearings were within the exceptions to the open justice principle, and therefore Art 10 rights of the media were not automatically engaged. However, once 'good reason' was established, then Art 10 became engaged and a balance had to be struck between Art 10 and Art 8.

The judge concluded that 'good reason' had been demonstrated because: relevant issues were already within the public domain; the court could preserve privacy while addressing the issues; and it was in public interest that there should be an understanding of jurisdiction and the powers of the court. The media were to be allowed into hearing and some reporting to be allowed (including name but excluding size of earnings, details of care and family discussions).

The Official Solicitor appealed as to whether there was 'good reason' in this case. The media disputed judge's analysis of Art 10. The appeal was dismissed, but the Court of Appeal held that Art 10 was engaged when the application was first made by media, not merely once 'good reason' was established.

Family Law Reports

Family Law Reports

"The unrivalled and authoritative source of judicially approved case reports, covering all areas...

More Info from £166.00
Available in Family Law Online
Red Book Plus

Red Book Plus

Family Court Essential Materials

This ready reference guide for all family court practitioners and judges provides a portable...

Subscribe to our newsletters