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Publicity and Poppi Worthington

Date:9 MAR 2016
Solicitor Advocate

Rehearing of fact-finding hearing

Re W (Children) [2016] EWCA Civ 113 is an appeal against aspects of a reporting restrictions order made by Peter Jackson J in relation to a renewed fact-finding hearing in relation to his earlier findings as to the death and injuries prior to death of Poppi Worthington. That re-hearing is published as F v Cumbria County Council and M (Fact-Finding No. 2) [2016] EWHC 14 (Fam).

The Court of Appeal emphasises two aspects of the family courts’ jurisdiction in this area and leave a third open for decision – perhaps – in later case:

(1) That the ‘default position’ (explained below) in children proceedings is publicity is the exception;

(2) That in any case it is a matter for the individual judge’s discretion as to whether publicity is permitted in children proceedings and whether there should be any relaxation of Administration of Justice Act 1960 s 12(1)(a);

(3) That the law says McFarlane LJ remains to be decided as to whether a child’s welfare is the paramount in a family courts’ decision on publicity.

Poppi’s death...

Read the full article here.