Richard v British Broadcasting Corporation & Anor [2017] EWHC 1648 (Ch) (26 May 2017)

Richard v British Broadcasting Corporation & Anor [2017] EWHC 1648 (Ch) (26 May 2017)

The court held that the statement in open court, as agreed between the claimant and South Yorkshire Police, was not unfair, abusive, or prejudicial to the BBC. The objections raised by the BBC did not meet the threshold for refusing permission. The statement fairly reflected the settlement and did not misrepresent the BBC's case. Permission was granted for the statement to be read in open court.

Citation
[2017] EWHC 1648 (Ch)
Parties
Claimant: Sir Cliff Richard, OBE; First Defendant: The British Broadcasting Corporation; Second Defendant: Chief Constable of South Yorkshire Police
Jurisdiction
England and Wales
Judgment Date
26 May 2017
Procedural Posture
Civil Privacy/misuse of Private Information / Interlocutory Application for Approval of Statement in Open Court Following Partial Settlement
Outcome
Application granted
Legal Topics
Misuse of Private Information, Breach of Article 8 ECHR, Breach of Data Protection Act 1998, Open Court Statements, Settlement Procedure, Press Reporting of Police Investigations
Privacy Law Media Law Data Protection Human Rights Misuse of Private Information Breach of Article 8 ECHR Breach of Data Protection Act 1998 Open Court Statements +2 more

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Parties

Sir Cliff Richard, OBE

Claimant

The British Broadcasting Corporation

First Defendant

Chief Constable of South Yorkshire Police

Second Defendant

Procedural Posture

Civil Privacy/misuse of Private Information / Interlocutory Application for Approval of Statement in Open Court Following Partial Settlement

Legal Issues

  1. 1 Whether the court should permit the reading of a statement in open court following settlement between claimant and one defendant, over the objections of the non-settling defendant
  2. 2 Whether the proposed statement is unfair or prejudicial to the non-settling defendant (BBC)
  3. 3 Whether the statement misrepresents the BBC's case or causes unfairness

Ratio Decidendi

The court held that the statement in open court, as agreed between the claimant and South Yorkshire Police, was not unfair, abusive, or prejudicial to the BBC. The objections raised by the BBC did not meet the threshold for refusing permission. The statement fairly reflected the settlement and did not misrepresent the BBC's case. Permission was granted for the statement to be read in open court.

Court Disposition

Application granted

Orders

  • Permission granted for the statement in open court, as proposed by the claimant and South Yorkshire Police (with minor amendments), to be read.
  • The claim against South Yorkshire Police is settled and discontinued; the claim against the BBC continues.