Case details

PNM (Appellant) v Times Newspapers Limited and others (Respondents)

Reporting restrictions

The Court has made a Reporting Restrictions Order in this case to protect the identity of those involved. These restrictions apply to members of the public using Twitter or other social media channels in the same way as they do to professional journalists.

Case ID: UKSC 2014/0270

Case summary

Issue

Whether the Court of Appeal erred in its interpretation and application of the approach to be taken in balancing the privacy rights of a person arrested but not charged with a crime against the right of the press to report open court proceedings following the Supreme Court's decision in A v British Broadcasting Corporation (Scotland) [2014] UKSC 25.

Facts

The appellant was arrested on 22 March 2012 in connection with an investigation into allegations of child sexual grooming/prostitution. He has never been charged with any offence as a result of the investigation and was 'de-arrested' in July 2013. Nine men were prosecuted in connection with the investigation. The Crown Court made a reporting restriction order varied on 4 February 2013 prohibiting the publication of any report which referred to evidence presented in the criminal trial which might identify or tend to identify the appellant. The appellant had been released on bail by that time but proceedings against him remained 'active'. In the context of the trial, the reporting restriction application and subsequent applications to lift the order, reference was made in open court to certain of the following information: the fact of the appellant's arrest and associated identifying information. In October 2013, the appellant was informed that the criminal trial judge was proposing to discharge the reporting restriction order. The respondents wish to publish a report concerning the imposition, maintenance and discharge of the order. The appellant applied to the High Court for an interim non-disclosure order preventing his identification as an arrestee, including in reports of open court proceedings, which is the subject of the present appeal.

Judgment appealed

[2014] EWCA Civ 1132

Parties

Appellant

PNM

Respondents
  1. Times Newspapers Ltd
  2. Andrew Norfolk
  3. Newsquest (Oxfordshire & Wiltshire) Ltd
  4. Ben Wilkinson

Appeal

Justices

Lord Neuberger, Lady Hale, Lord Kerr, Lord Clarke, Lord Wilson, Lord Sumption, Lord Reed

Hearing start date

17 Jan 2017

Hearing finish date

18 Jan 2017

Watch hearing
17 Jan 2017 Morning session Afternoon session
18 Jan 2017 Morning session