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2nd Aug 2024 | Cases
Oliver Wraight was instructed by Fairbrother & Darlow Solicitors on behalf of X (a child) though the Rule 16.4 Guardian in Hannah Summers & Anor v Kristopher Paul Arthur White & Ors [2024] EWFC 182; an application to permit publication of father’s name in children proceedings, following findings of serious abuse against him.
The issue before this court was whether the interest of the public outweighed the established rules of anonymity in family proceedings, so as to permit the publication of the names of the first respondent father and to reveal that he was previously in the armed forces.
The court clarified that it is a long-established principle of jurisprudence that any interference with an individual’s rights is only permissible where it is necessary, proportionate and in accordance with the law. The first respondent’s child (X) wellbeing was the court’s primary consideration. The court had to consider whether X may suffer by her association with her father should his name be published.
The court found that the facts of this case demonstrated a compelling public interest argument which prevented the first respondent from shielding behind his rights not to be publicly identified and that this consideration gained greater importance because there was an established course of conduct by him which may expose individuals outside the confines of this case to a risk of harm and not to publish his name would limit, if not extinguish, their ability to protect themselves or their loved ones. Application granted.
Craig Jeakings was instructed in a subsequent hearing which saw the respondent stripped of parental responsibility.
This hearing and subsequent related hearings have been featured in The Guardian. First article, second article, third article.