Rhodes v OPO & Anor

Case [2015] UKSC 32


    Summary


    Easter Term
    [2015] UKSC 32
    On appeal from: [2014] EWCA Civ 1277

    JUDGMENT

    James Rhodes (Appellant) v OPO (by his litigation friend BHM) and another (Respondents)

    before

    Lord Neuberger, President
    Lady Hale, Deputy President
    Lord Clarke
    Lord Wilson
    Lord Toulson

    JUDGMENT GIVEN ON

    20 May 2015

    Heard on 19 and 20 January 2015

    Appellant
    Hugh Tomlinson QC
    Sara Mansoori
    Edward Craven
    (Instructed by Bindmans LLP)
      Respondent (OPO)
    Matthew Nicklin QC
    Adam Speker
    (Instructed by Aslan Charles Kousetta LLP)
         
        Respondent (Canongate Books Ltd)
    Antony White QC
    Jacob Dean
    (Instructed by Simons Muirhead & Burton Solicitors)
         
        Interveners (English PEN, Article 19 and Index on Censorship - Written Submissions Only)
    Adrienne Page QC
    Can Yeginsu
    (Instructed by Olswang LLP)

    LADY HALE AND LORD TOULSON: (with whom Lord Clarke and Lord Wilson agree)

  1. By these proceedings, a mother seeks to prevent a father from publishing a book about his life containing certain passages which she considers risk causing psychological harm to their son who is now aged 12. Mother and son now live in the United States of America and so the family court in England and Wales has no jurisdiction to grant orders protecting the child's welfare. Instead, these proceedings have been brought in his name, originally by his mother and now by his godfather as his litigation friend, alleging that publication would constitute a tort against him. The tort in question is that recognised in the case of Wilkinson v Downton [1897] 2 QB 57 and generally known as intentionally causing physical or psychological harm. What, then, is the proper scope of the tort in the modern law? In particular, can it ever be used to prevent a person from publishing true information about himself?
  2. As the object of the proceedings has been to protect the child from harm, all the parties have until now been anonymous, as has the country where the child now lives. This court has decided that the tort does not have the scope contended for on the child's behalf and hence that the book may be published including the specific passages to which objection is taken. This means that the book will inevitably be published in the very near future. In those circumstances there can be no justification for keeping secret the information contained in the book. This includes, obviously, the author's name and also the country where mother and son are now living. The book, however, uses pseudonyms for both the mother and the child and so this judgment will continue to do so. But this court is now able to describe the book and its contents more fully than the lower courts were able to do. In this way, the reasons why both the mother and the father have been motivated to act as they have should become much clearer than perhaps they have been hitherto.
  3. The book

  4. The father is James Rhodes, the concert pianist, author and television filmmaker. The book is entitled Instrumental. The author believes that "music has, quite literally…

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[2015] UKSC 32
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