X, Y, and Z & Anor v A Local Authority, Court of Appeal - Family Division, May 11, 2011, [2011] EWHC 1157 (Fam)

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X, Y, and Z & Anor v A Local Authority, Court of Appeal - Family Division, May 11, 2011, [2011] EWHC 1157 (Fam)

Neutral Citation Number: [2011] EWHC 1157 (Fam)

Case No: EY08C0016

IN THE HIGH COURT OF JUSTICE

FAMILY DIVISION

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 11/05/2011

Before :

SIR NICHOLAS WALL THE PRESIDENT OF THE FAMILY DIVISION

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Between :

In the case of X, Y, and Z

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Mr Morgan appeared in person - Applicant and Intervener

Piers Pressdee QC (acting pro bono) for the Local Authority - Respondent

Adam Wolanski for Dr M and the Medical Protection Society - Intervener

Bertie Leigh (solicitor) for the Royal College of Paediatrics - Intervener

Alistair MacDonald (acting pro bono) made submissions de bene esse in relation to the position of X, Y and Z

The mother of X, Y and Z

Hearing dates: 8th March 2011

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Judgment

I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.

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SIR NICHOLAS WALL THE PRESIDENT OF THE FAMILY DIVISION

This judgment is being handed down in private on 11 May 2011. It consists of 21 pages and has been signed and dated by the judge. The judge hereby gives leave for it to be reported.

The judgment is being distributed on the strict understanding that in any report no person other than the advocates or the solicitors instructing them (and other persons identified by name in the judgment itself) may be identified by name or location and that in particular the anonymity of the children and the adult members of their family must be strictly preserved.

Sir Nicholas Wall P:

Introduction

1. In this application, Mr. Brian Morgan, a freelance journalist, has applied for an order ``for permission for the media to name the medical expert witness'' in the case (Dr M).

2. The background is care proceedings instituted by Coventry City Council (the local authority) on 20 June 2008 in relation to three children hitherto identified only by the initials X, Y and Z. X is a boy now aged 13; Y is a girl now aged 10. Z is a boy now aged 8. The proceedings were heard by His Honour Judge Bellamy, sitting as a judge of the High Court.

3. In a judgment handed down on 19 February 2010, Judge Bellamy gave the local authority leave to withdraw the proceedings but ordered it to pay £100,000 towards the publicly funded costs of the parents of X, Y and Z. That judgment has not been published. However, Judge Bellamy prepared what he described as an ``abbreviated version of the judgment'', which bears the same date, is published as [2010] EWHC B12 (Fam) and is now reported as Coventry City Council v X, Y and Z Care Proceedings: Costs) [2011] 1 FLR 1645. I shall call this judgment Re X,Y and Z. In his judgment in X, Y and...

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