- Cited — Rashid Maqsood Abbasi & Anor v Newcastle Upon Tyne Hospitals NHS Foundation Trust 2023-03-31
“… the article 8 and 10 rights in play, the President accepted that he was required to conduct a balancing exercise in the manner set out in Re S [2004] UKHL 47; [2005] 1 AC 593. He held that the existence of this analytical framework satisfied the requirement that any interferences with Convention rights be prescribed by law. He also …”
- Cited — The Executors of HRH Prince Philip, The Duke of Edinburgh (Deceased) v Guardian News and Media 2022-07-29
“…63), deterring inappropriate behaviour by the court, neutralising any suggestion of a cover up, and the preservation of a free press (see Lord Steyn in In re S [2005] 1 AC 593 at [29]-[36]). As GNM also submits, derogations from open justice must be reserved for exceptional situations (see, by analogy, Practice Guidance (Interim Non-…”
- Applied — Griffiths v Tickle & Ors 2021-12-10
“…ivate and family life, applying the principles set out by the House of Lords in In re S (A Child) (Identification: Restrictions on Publication) [2004] UKHL 47, [2005] 1 AC 593 (“Re S”). She conducted a fact-sensitive scrutiny of the competing considerations. She considered and evaluated various factors that tended to favour publicati…”
- Applied — HRH The Duchess of Sussex v Associated Newspapers Limited 2021-12-02
“…bell at [137] and [140]-[141], applying the approach of the Court of Appeal enunciated in Re S[2003] EWCA Civ 963 (subsequently upheld by the House of Lords at [2005] 1 AC 593 at [17] per Lord Steyn) as follows:…”
- Cited — CHF & Ors, R (On the Application Of) v Newick Church of England Primary School & Anor 2021-04-28
“… The non-hierarchical balancing of rights under Article 8 and 10 is to be performed in accordance with the guidance laid down in Re S (A Child) [2004] UKHL 47; [2005] 1 AC 593.…”
- Cited — Newman v Southampton City Council & Ors 2021-03-25
“…es as to the proper approach: first, it is agreed that the balancing exercise to be undertaken by the court is that found in the seminal case of Re S (A Child) [2005] 1 AC 593 at [17] (Lord Steyn):…”
- Cited — XXX v Camden London Borough Council 2020-11-11
“…ms of sexual offences, family law proceedings and the identities of children in certain situations. As Lord Steyn recorded in In Re S (A Child) [2004] UKHL 47; [2005] 1 AC 593 at paragraph 20 “the Court has no power to create by a process of analogy, except in the most compelling circumstances, further exceptions to the general princ…”
- Cited — Moss v Information Commissioner 2020-05-15
“…fied rights are in conflict, an “ultimate balancing test” must be undertaken, as was emphasised in Re S (A Child) (Identification: Restrictions on Publication) [2005] 1 AC 593 (HL). There Lord Steyn at [17] observed that the House of Lords in Campbell v MGN Ltd [2004] 2 AC 457 (HL) had illuminated the interplay between Articles 8 and…”
- Applied — ZXC v Bloomberg LP 2020-05-15
“…to apply a proportionality test, in what is sometimes referred to as ‘the ultimate balance’, see In re S (a Child) (Identification Restrictions on Publication) [2005] 1 AC 593 at [17], Lord Steyn (with whom all other members of the House of Lords agreed); and PJS v. News GroupNewspapers Ltd [2016] AC 1081 at [20], Lord Mance (with wh…”
- Cited — Al M (Children) 2020-02-28
“…Restrictions on publication) [2004] UKHL 47, [2005] 1 AC 593 (to which we will refer as S); A Local Authority v W [2005] EWHC 1564 (Fam), [2014] EMLR 7, [2006] 1 FLR 1 (to which we will refer as W); and Re J (A Child) [2…”
- Cited — L v Q Ltd 2019-08-09
“…alth Affairs (No. 2) (Guardian News & Media Ltd and others intervening) [2011] QB 218, CA); and In re S (A Child) (Identification: Restrictions on Publication) [2005] 1 AC 593, HL. After referring to provisions of the 1996 Act and the Rules, Judge Eady continued:…”
- Cited — XW v XH 2019-04-02
“…10, freedom of expression, Convention rights as described by Lord Steyn in the paradigm passage in Re S (a child) (Identification: Restrictions on Publication) [2005] 1 AC 593:…”
- Cited — PW v Chelsea And Westminster Hospital NHS Foundation Trust& Ors (Rev 1) 2018-05-11
“…f rights is of course then resolved in accordance with the approach articulated by Lord Steyn in In re S (A child)(Identification: Restrictions on Publication) [2005] 1 AC 593, at 603G. See further V v. Associated Newspapers Ltd for a detailed examination of the balancing exercise as undertaken in COP proceedings, where it was said (…”