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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Should the claim be transferred from the Business List (ChD) to the Media and Communications List (Queen’s Bench Division)?
- 2 Is the Media and Communications List a specialist list under CPR?
- 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)
Full Case Text
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