CTB v News Group Newspapers Ltd & Anor

CTB v News Group Newspapers Ltd & Anor

Permission to read the draft statement in open court was refused because the statement was ambiguous and potentially misleading, failing to clarify whether the underlying factual allegations (requests for money) were accepted or denied, and thus would not achieve the stated objective of vindication or putting the record straight.

Parties
Claimant: CTB; First Defendant: News Group Newspapers Limited; Second Defendant: Imogen Thomas
Jurisdiction
England and Wales
Judgment Date
25 November 2011
Procedural Posture
Civil / Application for Permission to Read a Unilateral Statement in Open Court
Outcome
Application refused
Legal Topics
Misuse of Private or Confidential Information, Statements in Open Court, Injunctions, Settlement Procedures, Article 8 ECHR Rights
Media Law Privacy Law Civil Procedure Misuse of Private or Confidential Information Statements in Open Court Injunctions Settlement Procedures Article 8 ECHR Rights

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Parties

CTB

Claimant

News Group Newspapers Limited

First Defendant

Imogen Thomas

Second Defendant

Procedural Posture

Civil / Application for Permission to Read a Unilateral Statement in Open Court

Legal Issues

  1. 1 Whether the court should permit the Second Defendant to read a unilateral statement in open court as part of settlement in a privacy claim
  2. 2 Whether the proposed statement would be misleading or ambiguous and thus an abuse of the court's process

Ratio Decidendi

Permission to read the draft statement in open court was refused because the statement was ambiguous and potentially misleading, failing to clarify whether the underlying factual allegations (requests for money) were accepted or denied, and thus would not achieve the stated objective of vindication or putting the record straight.

Court Disposition

Application refused

Orders

  • Permission to read the draft statement in open court is refused