Vardy v Rooney [2022] EWHC 1209 (QB) (29 April 2022)

Vardy v Rooney [2022] EWHC 1209 (QB) (29 April 2022)

Section 10 Contempt of Court Act 1981 and Article 10 ECHR protect journalistic sources regardless of confidentiality or waiver unless necessity in the interests of justice is convincingly established; in this case, questioning the journalists or compelling NGN to disclose documents would create a serious risk of source identification, and the interests of justice do not override source protection rights.

Citation
[2022] EWHC 1209
Parties
Appellant/claimant: Rebekah Vardy; Respondent/defendant: Coleen Rooney; Applicant/journalist: Andrew Halls; Applicant/journalist: Simon Boyle; Applicant/journalist: Amy Brookbanks; Journalist: Michael Hamilton; Non Party: NGN (News Group Newspapers)
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Libel Claim (pre Trial Applications) / Pre Trial, Ex Tempore Judgment on Witness Summonses and Non Party Disclosure
Outcome
Applications by journalists to set aside witness summonses granted; claimant's application to rely on amended witness summary of Mr Hamilton granted; defendant's application to compel NGN disclosure refused.
Legal Topics
Protection of Journalistic Sources, Witness Summons, Non Party Disclosure, Section 10 Contempt of Court Act 1981, Article 10 ECHR, Libel
Media Law Civil Procedure Human Rights Protection of Journalistic Sources Witness Summons Non Party Disclosure Section 10 Contempt of Court Act 1981 Article 10 ECHR +1 more

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Parties

Rebekah Vardy

Appellant/claimant

Coleen Rooney

Respondent/defendant

Andrew Halls

Applicant/journalist

Simon Boyle

Applicant/journalist

Amy Brookbanks

Applicant/journalist

Michael Hamilton

Journalist

NGN (News Group Newspapers)

Non Party

Procedural Posture

Libel Claim (pre Trial Applications) / Pre Trial, Ex Tempore Judgment on Witness Summonses and Non Party Disclosure

Legal Issues

  1. 1 Whether witness summonses against journalists should be set aside due to source protection rights under s.10 Contempt of Court Act 1981 and Article 10 ECHR
  2. 2 Whether claimant can rely on amended witness summaries
  3. 3 Whether non-party (NGN) should be compelled to disclose documents potentially revealing sources

Ratio Decidendi

Section 10 Contempt of Court Act 1981 and Article 10 ECHR protect journalistic sources regardless of confidentiality or waiver unless necessity in the interests of justice is convincingly established; in this case, questioning the journalists or compelling NGN to disclose documents would create a serious risk of source identification, and the interests of justice do not override source protection rights.

Court Disposition

Applications by journalists to set aside witness summonses granted; claimant's application to rely on amended witness summary of Mr Hamilton granted; defendant's application to compel NGN disclosure refused.

Orders

  • Permission granted for claimant to rely on amended witness summary of Mr Hamilton.
  • Witness summonses in respect of Mr Halls, Mr Boyle, and Ms Brookbanks set aside.