Green Corns Ltd v Claverley Group Ltd
| Jurisdiction | England & Wales |
| Judge | MR JUSTICE TUGENDHAT,Mr Justice Tugendhat |
| Judgment Date | 18 May 2005 |
| Neutral Citation | [2005] EWHC 958 (QB) |
| Docket Number | Case No: IHQ/05/0327 |
| Court | Queen's Bench Division |
| Date | 18 May 2005 |
[2005] EWHC 958 (QB)
Mr Justice Tugendhat
Case No: IHQ/05/0327
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Mr R Spearman QC and Mr D Casement (instructed by Halliwells) for the Claimant
Mr A Caldecott QC and Mr Eardley (instructed by Foot Anstey Solicitors) for the Defendants
Hearing dates: Friday 6th May
Approved Judgment
I direct that pursuant to CPR PD 39A para 6.1 no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
The issue in this application is whether an injunction should be granted to restrain a local newspaper from publishing the addresses of the homes provided for troubled children. The addresses have been included in reports of a campaign by neighbours to have the plans for such homes abandoned. The newspaper has claimed that the result of the publications has been that the scheme has had to be dropped in relation to more than one home. The claimant and applicant provides the homes, and it too contends that that is the effect of such publications, and that further publications should be prohibited. The case for the Applicant is essentially based on the needs of the children. The case for the newspaper is largely based on the neighbours' concerns for the welfare of their own families and the character of their neighbourhood, and the undoubted role of the press in a democracy to report upon matters of public concern.
The Second Defendant is the publisher of the Express and Star, which circulates in the Wolverhampton area. The First Defendant was joined on a misunderstanding and has taken no part in the proceedings. The terms of the injunction sought are, in substance that:
"Until trial or further order the Defendants shall not … cause or permit the publication of the address or location of any house of which the Claimant is or may become the … owner or … licensee or which the Claimant is in the process of acquiring for occupation."
An undertaking was given in those terms on 22 April pending the outcome of this application. Publication is defined in the order, and there are arguments about the scope of the order. But the gist of what the Applicant is seeking is a prohibition on publication in the media.
On 1 st February 2005 the Defendants published an article under the heading "Sex Offenders are set to be housed near city school". The article is illustrated by photographs of the house and the school it refers to. It included the following (initials in square brackets replace the addresses identified in the articles):
"Sex offenders and disturbed teenagers from all over Britain are set to be housed near a Black Country primary school, the Express and Star can reveal today. Children's home operator Green Corns, which caters for some of society`s most troubled young people, has bought the three bedroom semi-detached property in [BA], Wolverhampton—just streets away from several schools.
The private firm, based in Wolverhampton and Rochdale Greater Manchester, looks after problem children aged 11–17 including single parents, those with extreme and challenging behaviour or mental health problems, and those who harm others sexually.
It is understood two carers will be employed to look after just one youngster around the clock, costing taxpayers around £8,000 a week.
The previous tenants moved out at the end of November and work is now underway to extend the bedroom in preparation for the first arrival, expected around the end of February.
Furious parents with children at Clargate Primary School in nearby Chester Avenue are concerned that many pupils walk past the property every day. They have organised an emergency public meeting at the school at 7pm on Thursday due to be attended by councillors and Green Corns regional manager Alan Butler.
Lavinia Fereday, who has three children at Clargate aged 8,7 and 5 said: "Its completely irresponsible if sex offenders are moving next to a school the children could be just like candy in a sweet shop".
Clargate mother of two Louise Evans said housing problem children so close to a school was putting pupils at risk.
"Even if they have mental health issues look at what happened in St Luke's Infant School in 1996 when nursery nurse Lisa Potts saved the children from being attacked by a maniac,' she said.
Childminder Charlotte O'Connor says the garden at [BA] overlooks her garden and sex offenders would be able to watch the children out playing.
"This could seriously affect my business- who wants to send their child to a house where a sex attacker could be watching them".
Clargate primary school head teacher Mr David Lee said he was aware of the plan although he had not been formerly informed by the local education authority.
Alan Butler, who is based at Green Corns` Ettingshall office, admitted the children were "unlikely to be local" and could come from all over the country "depending on need"."
The following day 2 nd February 2005 the Defendants published an article headed "Company Drops Scheme for Teenagers Following Public Outcry: Sex offender home plan is abandoned." The article states that the Applicant has revealed that after a report appeared in the Defendant's newspaper they would not be going ahead with their plans. That report is correct. The article also included quotations from neighbours expressing their delight and relief at this outcome. It included a quotation from the Applicant explaining that it is a leading provider of quality individual care for young people with complex needs. The statement also explains that the Applicant is a fully regulated and well-established professional organisation whose aim is to provide child focussed individual, support and innovative care programmes within an everyday community environment that reflects unconditional positive regard for young people.
Two days later on 4 th February 2005 the Defendant published an article headed "Neighbours speak out at plans to house disturbed teenagers: Fears as homes are bought for offenders". The article includes:
"Dozens of houses have been bought up in the Black Country to house sex offenders and disturbed teenagers, the Express and Star can reveal… we can reveal a house in [FS] has already been bought by the firm. And a youngster is already living in the house in the Bradmore area. … The [FS] home is yards from St Luke's Infant School where in 1996 nursery nurse Lisa Potts saved children from being harmed by machete maniac Horret Campbell. Neighbour Victoria Denson said [FS], a three bedroom detached home, has been bought by Green Corns. They have told local families that young sex offenders, child abusers and teenagers with extreme and challenging behaviour could be housed there…'
On 9 th February 2005 the Applicant decided not to proceed with their plans for the house in [FS], and that was reported in the Express and Star.
On 10 th February 2005 the newspaper published an article headed "300 residents pack protest meeting: Fury at plan to house youths". It identified the address of a house owned by someone other than the Applicant and reported the owner's plan to house two children and three carers. It refers to angry residents having started a petition against the plan.
On 24 th February 2005, there was a public meeting concerning the address at WA, and the property referred to was attacked and a number of windows smashed.
On 25 th February 2005 the Defendant published an article headed, "Young Sex Offenders set to be housed in Residential Street Fury Over Yobs Home." The article includes the following:
"Hundreds of angry residents and parents braved the cold weather to campaign against plans to house young sex offenders and disturbed teenagers in a quiet Wolverhampton Street.
Around three hundred people attended an emergency meeting last night at Springdale Church Hall…. Where they heard the children's home operator Green Corns had bought a three-bedroom house for up to six youngsters.
The house [WA] is undergoing repairs in preparation for the youngsters, who will be supervised around the clock by carers. … Ray Hall, aged 73 who lives at [the next door address], said: "We live in a quiet street but who knows what it will be like after they have moved these children in. I was disgusted when I found out what was going on. This will affect the price of my property, because who will want to live next door to these children?"
The article continues, stating that the meeting was attended by local councillors, a representative of the Member of Parliament and a neighbourhood watch co-ordinator Sylvie Dainty. It referred to the funding from the government received by the Applicant, and contained quotations from neighbours concerned about their own children. Another article headed "Protest meeting on home scheme" reports that the Applicant "recently ditched plans to house offenders at [BA] and [FS] after protests by neighbours" and went on "but a source revealed Green Corns are searching for up to 20 homes in the Black Country".
On 2 nd March 2005 another article was published headed, "Addresses of troubled youngsters to be withheld: Paedophile target fear for offenders". It identifies the house at BA as being for sale. The gist of the article was in the first sentence, which read:
"A children's home operator housing young sex offenders in the heart of the community today said they were unable to disclose their new addresses—because the youngsters could themselves be targeted by paedophiles".
On 8 th March 2005 the Defendants published a further article under the heading "Huge Bill for Care Home Provider: £190,000 for each troubled youngster". The article reported an interview with...
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