Page 322 - Law and the Media

The Human Rights Act 1998
It seems likely that the remaining restrictions on reporting family proceedings that do not
involve children will be substantially relaxed. In Clibbery v Alan (2001), the court considered
the conflict between the Article 10 rights of a party who wished to publicize Family Division
proceedings concerning property which had taken place in private, and the Article 8 rights
of the other party who wished the proceedings to remain private. It was held that a blanket
prohibition on disclosure was not ‘necessary in a democratic society’, there was no ‘pressing
social need’ for such a rule, and it would not be proportionate to the legitimate aim of
protecting Article 8 rights.

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