Neutral citation number:  EWHC 2689 (FAM) Case No: FD13D04383 In the High Court of Justice Family Division 28 September 2015 Before: Mr Justice Mostyn (Petitioner) Between: Nicole Appleton and Liam Gallagher (Respondent) and (1) News Group Newspapers Ltd (2) the Press Association (interested parties)
Mostyn J decided to continue a reporting restriction order, with permission to appeal:
‘I grant NGN permission to appeal on both limbs of CPR 52.3(6). I extend the time for the filing of the appellant's notice to 21 days after the giving of the decision by Judge O'Dwyer about publication, anonymisation and redaction of the [substantive] judgment. Even though the question of the hearing ancillary relief (and all other family cases) in public has not arisen in this case (and indeed was expressly not supported by Mr Dean in his submissions) I would hope that nonetheless the Court of Appeal will resolve the unhappy divergence of judicial approach to which I referred at paras 13 – 16 of DL v SL.’
NB Mostyn J thought that there was nothing in the rules to prevent the trial judge from deciding any application for a reporting restriction, and there was no requirement to transfer a case to the High Court for any such application to be heard.