Reported Case: Joy Brereton KC and Chris Barnes Appear in Re HMP [2025] EWCA Civ 824, in Which the Court of Appeal Clarifies Limits of Open Justice in Family Proceedings

In a significant decision, the Court of Appeal has allowed an appeal by against an order granting the BBC access to documents from their care proceedings. The Court found that the disclosure was not justified under the open justice principle, as the BBC’s investigation into private fostering arrangements did not directly relate to the workings of the courts or enable public understanding of the justice system.

The judgment emphasises that while media scrutiny plays a vital role in promoting transparency, access to sensitive information in family proceedings must be clearly linked to the purposes of open justice, as defined in Cape Intermediate Holdings Ltd v Dring.

The ruling reinforces that care proceedings are not a general source of material for unrelated journalistic investigations, even when those investigations are in the public interest.

Joy Brereton KC (4PB), leading Jemimah Hendrick  (New Court Chambers), instructed by Charlotte Image- Flower of Dawson Cornwell, acted for the Appellant.

Chris Barnes(4PB), instructed by the British Broadcasting Corporation, acted for the First Respondent.

Read the judgment here: https://caselaw.nationalarchives.gov.uk/ewca/civ/2025/824?query=%5B2025%5D+EWCA+Civ+824