Lady Smith, chairwoman of the Scottish Child Abuse Inquiry, passed orders which stopped detail of an employment tribunal claim being reported
Lady Smith, chairwoman of the Scottish Child Abuse Inquiry , passed orders stopping detail of an employment tribunal claim being reported.But the appeal court has now ruled she "had no power" to make the orders. An order restricting reporting detail of the claim, which was later dropped by Mr Halley, was issued by the SCAI and then challenged by the BBC, first through a judicial review and then an appeal of that review decision., delivered by Lord Carloway, said Mr Halley's claim contained allegations of discrimination but did not relate to the proceedings of the inquiry so "it follows that the respondent had no power to make the restriction orders".
It further states the BBC's petition "raises an important point about the powers of those chairing public inquiries to restrict publication of material which is the subject of other legal proceedings".
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