WARNING
This service can only be used to notify the subscribing media organisations of your intention to apply to the Family Division for an injunction which will affect their rights under Article 10 by prohibiting or restricting reporting.
It cannot be used as a way of serving injunctions or orders you have already obtained.
Attempts to serve orders via this service will not be accepted as service, and will not be valid. All orders must be served directly on the organisations you wish to be bound by them. Please refer to the Practice Direction and the accompanying Practice Note, which can be found on this website.
Judges will expect applicants to have filled out the checklist for those applying for injunctions before they entertain an application. The Checklist PDF can be downloaded here
On 18 March 2005 The President of the Family Division of the High Court, Dame Elizabeth Butler-Sloss, handed down a Practice Direction setting out new guidance on applications for reporting restriction orders in the Family Division that affect national media organisations. The Practice Direction is to be read in conjunction with the Practice Note issued jointly by the Official Solicitor and the Director of Legal Services, CAFCASS. How the system operates in practice can be found at Notification System.
The Practice Direction is reported at [2005] 2 FLR 120. and the Practice Note is reported at [2005] 2 FLR 111.
The Practice Direction and Practice Note were issued following discussions between the national media and the Official Solicitor and CAFCASS. The Practice Direction and Practice Note have put in place a secure system for the advance notification of applications when an applicant wishes to apply for a reporting restriction order in the Family Division against the media, thereby assisting an applicant to comply with s12(2) of the Human Rights Act 1998 which says that:
- "If the person against whom the application for relief is made ("the respondent") is neither present nor represented, no such relief is to be granted unless the court is satisfied:
- (a) that the applicant has taken all practicable steps to notify the respondent; or
- (b) that there are compelling reasons by the respondent should not be notified."
This site also provides a copy of the standard form of order to be adopted when a reporting restriction order is made in the Family Division. The form has been agreed by the Official Solicitor and CAFCASS.
Explanatory NoteIn addition, it is helpful to media organisations if, at the time of putting them on notice of the application, an Explanatory Note is served. This should briefly inform the media what the substantive case concerns.
Media OrganisationNearly all the national media organisations have agreed to take part in the notification system. A list of those companies subscribing to this system and their contact details are at Media Organisations.
N.B.
1. While notice of applications is to be given to national media organisations via this system, it will still be necessary to serve subsequent orders by fax and/or by post.
2. Appropriate local and regional newspapers and magazines should still be served with application notices in the usual way.