The aim of the Court of Protection (CoP) is to strike a balance between open justice and a vulnerable person’s right to privacy but this has led to criticism in some of the media's lack of transparency.
Today's Wills and Probate have published Charlotte Watts' article about the Hinduja v Hinduja judgement.
The recent judgement which was upheld by the Court of Appeal (Hinduja v Hinduja [2002] EWCA Civ 1492) was regarding the request to remove reporting restrictions to correct misleading assertions and bring to light the family's conduct. The judge considered that Srichand Hinduja's rights and the press’ rights to freedom of expression were aligned in this case and lifted the reporting restrictions.
Charlotte comments: "Although this case was exceptional, it shows that the court will not shy away from naming P and his family when it feels that it is in his best interests to do so."
Read the full article here.
