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England and Wales High Court (Family Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Family Division) Decisions >> RB (Adult), Re (No 4) [2011] EWHC 3017 (Fam) (18 November 2011) URL: http://www.bailii.org/ew/cases/EWHC/Fam/2011/3017.html Cite as: [2011] EWHC 3017 (Fam), [2012] 1 FLR 466 |
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FAMILY DIVISION
(In Private)
Strand, London, WC2A 2LL |
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B e f o r e :
(Sitting as a Judge of the Family Division)
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In the Matter of RB (Adult) (No 4) A LONDON BOROUGH |
Claimant |
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- and - |
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(1) RB (by her litigation friend the Official Solicitor) (2) MF |
Defendants |
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Crown Copyright ©
Lord Justice Munby :
"It seems to me that the judgment contains some useful guidance on costs which may be of assistance to those dealing with COP H&W cases. However clearly this is a matter for his Lordship. If it is to be published it may need to be further anonymised."
"Lord Justice Munby has not been asked by anyone to release either this or his two previous judgments for publication and has not done so. Nor has he been asked to make or made any order prohibiting publication.
He notes your comment that "clearly this is a matter for" him, but wonders whether this is so. This was a case in the Family Division under the inherent adult jurisdiction (not in the Court of the Protection). Accordingly neither section 12(1)(a) nor section 12(1)(b) of the Administration of Justice Act 1960 would seem to apply. The judge is not aware of any other provision regulating the publication of such a judgment, unless there is something to this effect in the Family Procedure Rules 2010.
Could you perhaps discuss this with the other parties and find out (i) what their views are about the desirability of publication, (ii) what their views are about the need for (or desirability of) any judicial order or decision on the point, and (iii) what their views are about the need for any further anonymisation.
I look forward to hearing from you in due course."
"proceedings brought under the Mental Capacity Act 2005, or under any provision of the Mental Health Act 1983 authorising an application or reference to be made to the First-tier Tribunal, the Mental Health Review Tribunal for Wales or a county court."
Section 12(1)(b) accordingly applies to proceedings in the Court of Protection but not to proceedings in the High Court.
"There is nothing to prevent Mrs B or J or W identifying themselves in public as people involved in the care proceedings brought by Blackpool Council or, subject to compliance with section 12, discussing in public the nature of the dispute in the proceedings. Nor is there anything to prevent Mrs B or J or W making whatever use they wish of my judgment in the anonymous form in which I gave leave for it to be reported. But what, on this view of the rubric, they cannot do and what of course they want to do is to link themselves with the judgment; to say that the Mrs B referred to in my judgment is in fact Mrs Brown and that the J and W referred to in the judgment are in fact James and Wilfred Brown (I use pseudonyms to illustrate the point, these are not in fact their true names)."
Note 1 This judgment is being handed down in private on [date]
The judge hereby gives leave for it to be reported. The judgment is being distributed on the strict understanding that in any report no person other than the advocates (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the children and the adult members of their family must be strictly preserved. [Back]