Various Claimants v MGN Ltd [2019] EWCA Civ 350 (07 March 2019)

Various Claimants v MGN Ltd [2019] EWCA Civ 350 (07 March 2019)

The Court held that the judge correctly balanced the interests of justice in the fair and efficient conduct of large-scale phone hacking litigation against the high public importance of protecting journalistic sources. The risk of identifying a source was an unavoidable by-product of necessary disclosure, and the proposed variation requiring consent was unworkable and would cause disproportionate prejudice to many claimants. The judge did not err in his approach or application of section 10 of the Contempt of Court Act 1981.

Citation
[2019] EWCA Civ 350
Parties
Respondents/claimants: Various Claimants; Appellant/defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2019
Procedural Posture
Appeal (civil) / Appeal From High Court Judgment Refusing Variation of Early Disclosure Order
Outcome
Appeal dismissed
Legal Topics
Protection of Journalistic Sources, Disclosure of Evidence, Misuse of Private Information, Balancing of Interests Under Article 10 ECHR, Section 10 Contempt of Court Act 1981
Media Law Civil Procedure Human Rights Protection of Journalistic Sources Disclosure of Evidence Misuse of Private Information Balancing of Interests Under Article 10 ECHR Section 10 Contempt of Court Act 1981

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Parties

Various Claimants

Respondents/claimants

MGN Limited

Appellant/defendant

Procedural Posture

Appeal (civil) / Appeal From High Court Judgment Refusing Variation of Early Disclosure Order

Legal Issues

  1. 1 Whether early disclosure of call data should be varied to require consent from associates to protect a confidential journalistic source
  2. 2 Whether the interests of justice override the protection of journalistic sources under section 10 of the Contempt of Court Act 1981

Ratio Decidendi

The Court held that the judge correctly balanced the interests of justice in the fair and efficient conduct of large-scale phone hacking litigation against the high public importance of protecting journalistic sources. The risk of identifying a source was an unavoidable by-product of necessary disclosure, and the proposed variation requiring consent was unworkable and would cause disproportionate prejudice to many claimants. The judge did not err in his approach or application of section 10 of the Contempt of Court Act 1981.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The early disclosure regime remains unvaried.