Appleby Global Group LLC v British Broadcasting Corporation & Anor

Appleby Global Group LLC v British Broadcasting Corporation & Anor

There is no significant difference between the Business List (ChD) and the Media and Communications List; both are sufficiently experienced and able to address the issues raised. The claimant’s choice of Division should not be overridden without strong reasons. Transfer is declined.

Parties
Claimant: Appleby Global Group LLC; First Defendant: British Broadcasting Corporation; Second Defendant: Guardian News and Media Limited
Jurisdiction
England and Wales
Judgment Date
26 January 2018
Procedural Posture
Civil / Interlocutory Application for Transfer of Proceedings
Outcome
Application for transfer declined
Legal Topics
Breach of Confidence, Freedom of Expression, Public Interest Defence, Disclosure, Division Allocation

Case Brief

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Parties

Appleby Global Group LLC

Claimant

British Broadcasting Corporation

First Defendant

Guardian News and Media Limited

Second Defendant

Procedural Posture

Civil / Interlocutory Application for Transfer of Proceedings

  1. 1 Should the claim be transferred from the Business List (ChD) to the Media and Communications List (Queen’s Bench Division)?
  2. 2 Is the Media and Communications List a specialist list under CPR?
  3. 3 Does the overriding objective favour transfer?

Ratio Decidendi

There is no significant difference between the Business List (ChD) and the Media and Communications List; both are sufficiently experienced and able to address the issues raised. The claimant’s choice of Division should not be overridden without strong reasons. Transfer is declined.

Court Disposition

Application for transfer declined

Orders

  • Proceedings to remain in the Business List (ChD)