Coogan v News Group Newspapers Ltd & Anor

Coogan v News Group Newspapers Ltd & Anor

Section 72 of the Senior Courts Act 1981 applies to claims for breach of confidence and misuse of private information where the intercepted messages contain confidential commercial or personal information, thus removing the privilege against self-incrimination and requiring disclosure by Mr Mulcaire. Section 72 is not incompatible with Article 6 ECHR due to statutory safeguards preventing use of disclosed evidence in criminal proceedings.

Parties
Claimant/respondent: Stephen John Coogan; Claimant/respondent: Nicola Phillips; First Defendant: News Group Newspapers Limited; Second Defendant/appellant: Glenn Michael Mulcaire; Interested Party: Secretary of State for Business Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
01 February 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Privilege Against Self Incrimination, Disclosure Orders, Breach of Confidence, Misuse of Private Information, Interpretation of Section 72 Senior Courts Act 1981
Civil Procedure Intellectual Property Privacy Law Privilege Against Self Incrimination Disclosure Orders Breach of Confidence Misuse of Private Information Interpretation of Section 72 Senior Courts Act 1981

Case Brief

Summary, issues, holding and outcome

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Parties

Stephen John Coogan

Claimant/respondent

Nicola Phillips

Claimant/respondent

News Group Newspapers Limited

First Defendant

Glenn Michael Mulcaire

Second Defendant/appellant

Secretary of State for Business Innovation and Skills

Interested Party

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether intercepted voicemail messages constitute 'intellectual property' under section 72(5) Senior Courts Act 1981
  2. 2 Whether section 72 removes privilege against self-incrimination in these proceedings
  3. 3 Whether section 72 is compatible with Article 6 of the European Convention on Human Rights

Ratio Decidendi

Section 72 of the Senior Courts Act 1981 applies to claims for breach of confidence and misuse of private information where the intercepted messages contain confidential commercial or personal information, thus removing the privilege against self-incrimination and requiring disclosure by Mr Mulcaire. Section 72 is not incompatible with Article 6 ECHR due to statutory safeguards preventing use of disclosed evidence in criminal proceedings.

Court Disposition

Appeals dismissed

Orders

  • Disclosure orders against Mr Mulcaire upheld
  • Striking out of PSI references in Defence upheld