Various Claimants v News Group Newspapers Ltd & Anor [2012] EWHC 397 (Ch) (27 February 2012)

Various Claimants v News Group Newspapers Ltd & Anor [2012] EWHC 397 (Ch) (27 February 2012)

The court held that the principle of open justice and CPR 5.4C require disclosure of the Generic Particulars of Claim as a statement of case, subject to limited redactions only where necessary to avoid prejudice to potential criminal proceedings. The Notice to Admit and Response are not statements of case but may be disclosed under court discretion, again subject to proportionate redactions. Most material sought to be redacted was already in the public domain or did not pose a real risk of prejudice. The press and public are entitled to copies of the documents with only minimal redactions justified by necessity.

Citation
[2012] EWHC 397 (Ch)
Parties
Claimant: Various Claimants (including Charlotte Church, James Church, Maria Church); First Defendant: News Group Newspapers Ltd.; Second Defendant: Glenn Michael Mulcaire; Interested Party: Metropolitan Police Service; Interested Party: The Guardian and BBC; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
27 February 2012
Procedural Posture
Application for Access to Court Documents and Reporting Restrictions / Post Settlement, Pre Trial Review
Outcome
Application granted in part
Legal Topics
Open Justice, Access to Court Documents, Reporting Restrictions, Contempt of Court, Confidentiality, Phone Hacking Litigation
Civil Procedure Media Law Privacy Law Criminal Law Open Justice Access to Court Documents Reporting Restrictions Contempt of Court +2 more

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Parties

Various Claimants (including Charlotte Church, James Church, Maria Church)

Claimant

News Group Newspapers Ltd.

First Defendant

Glenn Michael Mulcaire

Second Defendant

Metropolitan Police Service

Interested Party

The Guardian and BBC

Interested Party

Crown Prosecution Service

Interested Party

Procedural Posture

Application for Access to Court Documents and Reporting Restrictions / Post Settlement, Pre Trial Review

Legal Issues

  1. 1 Whether the press and public are entitled to unredacted copies of certain court documents referred to in open court
  2. 2 Whether reporting restrictions or redactions are necessary to avoid prejudice to potential criminal proceedings against Mr Mulcaire
  3. 3 Whether the documents in question constitute 'statements of case' under CPR 5.4C

Ratio Decidendi

The court held that the principle of open justice and CPR 5.4C require disclosure of the Generic Particulars of Claim as a statement of case, subject to limited redactions only where necessary to avoid prejudice to potential criminal proceedings. The Notice to Admit and Response are not statements of case but may be disclosed under court discretion, again subject to proportionate redactions. Most material sought to be redacted was already in the public domain or did not pose a real risk of prejudice. The press and public are entitled to copies of the documents with only minimal redactions justified by necessity.

Court Disposition

Application granted in part

Orders

  • GNM and other media organisations are entitled to copies of the Generic Particulars of Claim, Notice to Admit, and Response, subject to limited redactions as specified in the annex to the judgment.
  • Redacted versions of the documents to be provided to GNM and any media organisation requesting them.