Cases
Re CX (A child) (Reporting restrictions order: National security)
Court
In the High Court of Justice Family Division
Practice Areas
Three members of 4PB appeared in the important Family Division case of Re CX (A child) (Reporting restrictions order: National security) [2026] EWHC 994 (Fam)
- Joy Brereton KC, leading Jacqui Gilliatt, appeared for the child, CX.
- Chris Barnes KC appeared pro bono for the mother, AZ, instructed by Claudie Paddick of Moss Fallon Solicitors.
- Michael Edwards, led by Melanie Cumberland KC, appeared for the Secretary of State for Defence.
The case arose from a journalist’s application to report on concluded private law proceedings involving findings of domestic abuse, raising complex issues after it emerged that the father was a serving member of UK Special Forces.
The Court considered the balance between open justice, Articles 8 and 10 ECHR, and national security concerns. It adopted a closed material procedure and appointed a Special Advocate to consider sensitive evidence relied upon by the Secretary of State for Defence, including issues surrounding the MOD’s “neither confirm nor deny” policy.
Mr Justice Garrido concluded that the principles of open justice justified permitting anonymised reporting of the proceedings, while carefully balancing the family’s privacy rights and the national security concerns arising from the father’s employment. The Court approved detailed reporting restrictions to protect the identities of the child and family, whilst allowing limited reporting concerning the father’s role.
The case has been widely reported in the media, including:
To read the full judgment click here.
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