Schillings in landmark privacy action in family courts
14 July 2009
In a landmark case brought in the wake of new rules allowing the media to attend formerly private family court hearings, Schillings successfully obtained an order on behalf of a father excluding the press from a hearing concerning his daughter.
The application, which was opposed by a coalition of national newspapers and broadcasters, has resulted in important guidance being given by the President of the Family Division, Sir Mark Potter, on how the courts should deal with applications to exclude the media from attending hearings relating to children.
Contrary to arguments advanced by the media, the President ruled that the courts must balance the privacy rights of the children involved in court proceedings when deciding whether to exclude the media. He also stated that, despite the wording of the new rules, it is open to the courts to exclude the media to protect the privacy of adults involved in the proceedings.
When balancing rights of privacy with the media’s right to freedom of expression the court should have regard to the extent that the hearing concerns matters of legitimate public interest or whether the media wish to attend simply to satisfy public curiosity in, for example, cases involving celebrities.
Related articles
Excluding the media from family court hearings -The Times - 27 July 2009
Lawyer of the week - Rachel Atkins - The Times - 23 July 2009
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