Family Division
Published November 20, 2007
In re LM (Reporting restrictions: Coroner’s inquest)

Coroner’s inquests were court proceedings subject to the same principles and limitations governing other courts.

Sir Mark Potter, President of the Family Division, granted an injunction on August 1, 2007 permitting the press and other media to report at an inquest to be held into the death of L the names and addresses of LM’s mother, father, L and H and of particulars otherwise leading to their identification, but placing a strict embargo on publication of the name and existence of LM, or her school, or carers, or publication of her photograph or other information likely to lead to her identification.

THE PRESIDENT considered whether the principles to be applied in relation to the liberty of the press freely to report criminal proceedings for homicide in In re S (A Child) (Identification: Restrictions on publication) (The Times October 29, 2004; [2005] 1 AC 593) applied to the reporting of an inquest.

His Lordship would apply those principles, save as to the restriction necessary to protect LM’s right to privacy under article 8 of the European Convention on Human Rights, without modification or qualification in the light of the fact that the relevant proceedings would be inquest proceedings rather than criminal proceedings.

Inquest proceedings were court proceedings similarly subject to the principles of open justice and the remedies contained and limitations implicit in section 39 of the Children and Young Persons Act 1933.

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