In re S (FC) (a child) (Appellant), (2004)
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In re S (FC) (a child) (Appellant), (2004)
HOUSE OF LORDSSESSION 2003-04[2004] UKHL 47on appeal from: [2003] EWCA Civ 963OPINIONSOF THE LORDS OF APPEALFOR JUDGMENT IN THE CAUSEIn re S (FC) (a child) (Appellant)ONTHURSDAY 28 OCTOBER 2004The Appellate Committee comprised:Lord Bingham of CornhillLord Nicholls of BirkenheadLord SteynLord HoffmannLord CarswellHOUSE OF LORDSOPINIONS OF THE LORDS OF APPEAL FOR JUDGMENTIN THE CAUSEIn re S (FC) (a child) (Appellant)[2004] UKHL 47LORD BINGHAM OF CORNHILLMy Lords,1. I have had the benefit of reading in draft the opinion of my noble and learned friend Lord Steyn. I agree with it, and would make the order which he proposes.LORD NICHOLLS OF BIRKENHEADMy Lords,2. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Steyn. For the reasons he gives, with which I agree, I would dismiss this appeal.LORD STEYNMy Lords,3. On 19 February 2003 a judge in the Family Division of the High Court (Hedley J) dismissed an application for an injunction restraining the publication by newspapers of the identity of a defendant in a murder trial which had been intended to protect the privacy of her son who is not involved in the criminal proceedings: Re S [2003] EWHC 254 (Fam). By a majority (Lord Phillips of Worth Matravers MR and Latham LJ, with Hale LJ dissenting) the Court of Appeal dismissed an appeal against the order of Hedley J: [2004] Fam 43.I. The death of a child and the criminal proceedings.4. The child concerned is CS, who is now eight years old. On 20 August 2001, his older brother DS, then aged nine, died of acute salt poisoning in the renowned Great Ormond Street Hospital where he was a patient. Press reports about the death appeared soon afterwards, namely in the "Evening Standard" for 22 August, with headline "'Poison' theory over mystery death of boy, 9"; in...See the full content of this document
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