Abbasi v Newcastle upon Tyne Hospitals NHS Foundation Trust

Subject Matter

CHILDREN — Court’s inherent jurisdiction — Restriction on publication — Open-ended reporting restriction orders made in end of life cases prohibiting publication of names of NHS staff involved in treatment of children — Parents applying to revoke or be released from orders after death of children — Whether High Court having jurisdiction to review orders — Proper approach to such review — Human Rights Act 1998 (c 42), s 6, Sch 1, Pt I, arts 8, 10

[2021] EWHC 1699 (Fam); [2022] Fam 180; [2022] 2 WLR 465; [2022] 1 FLR 348; [2021] WLR(D) 373, Fam D

CHILDREN — Inherent jurisdiction — Parens patriae — Indefinite reporting restriction orders made in end of life cases prohibiting publication of names of hospital staff involved in treatment of children — Whether High Court having jurisdiction to review continuation of orders — Proper approach to such review — Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 8, 10(1)

[2023] EWCA Civ 331; [2023] Fam 287; [2023] 3 WLR 575; [2023] 4 All ER 116; [2023] 2 FLR 1267; [2023] WLR(D) 166, CA

Appellate History

Commentary

UK Human Rights Blog
Reporting restrictions in end of life cases: anonymity for treating clinicians Case comment

RPC Perspectives
Media and Communications law update: 12 April 2023 Case comment

Transparency Project
Balancing professionals’ Article 8 claims with parents’ Article 10 claims Case comment

Pink Tape
An appeal in an end-of-life case with broader application Case comment

Mental Capacity Law and Policy
Reporting restrictions and serious medical treatment cases – a difficult (evidenced) balance Case comment