Re J (A Child) (contra mundum injunction) [2013] EWHC 2694 (Fam), [2013] All ER (D) 45 (Sep)
The court had the power both to relax and add to the “automatic restraints” on the publication of information relating to proceedings under the Children Act 1989 found in s 97 of the 1989 Act and s 12 of the Administration of Justice Act 1960. In exercising that jurisdiction the court had to conduct the balancing exercise described in the authorities. Although the court might, by an appropriate injunction, extend the anonymity of the child beyond the point at which s 97 of the Act ceased to have effect, the authorities expressed doubt as to the likely need for specific orders protecting a child’s identity beyond the conclusion of the proceedings. Further, while it might likewise afford anonymity to other participants in the process, for example, a local authority, it was established principle that such injunctions would not readily be granted. More generally, there was a compelling need for transparency in the family justice system as a matter of both principle and pragmatism. Furthermore, an injunction which could not otherwise be justified
