Freedom of publication

Clayton v Clayton [2006] EWCA Civ 878; NLJ 28 July

The prohibition on publication contained in s97 of the Children Act 1998 ceases to have effect when the Children Act proceedings come to an end. However, such a construction does not mean that a judge might not, in the welfare interests of the child and in order to protect his or her privacy under Article 8 of the EC Treaty, make an injunction or an order prohibiting identification, not simply to the extent set out in s97(2), but for a period beyond the end of the proceedings. However, in deciding to make a long-term injunction aimed at restricting the reporting and publication of proceedings involving children, the court is obliged to conduct a balancing exercise between the Article 8 rights of the child and the Article 10 rights of the other party.