Newcastle United Football Company Ltd v Football Association Premier League Ltd & Ors

Newcastle United Football Company Ltd v Football Association Premier League Ltd & Ors

The judgment contains no significant confidential information beyond what is already in the public domain; the public interest in publication of judgments determining s.24 applications outweighs the limited expectation of confidentiality; therefore, the judgment should be published without redaction or anonymisation.

Parties
Claimant: Newcastle United Football Company Limited; First Defendant: The Football Association Premier League Limited; Second Defendant: Michael Beloff QC; Third Defendant: Lord Neuberger; Fourth Defendant: Lord Dyson
Jurisdiction
England and Wales
Judgment Date
05 March 2021
Procedural Posture
Commercial Court Arbitration Related Application / Post Hearing Judgment on Publication of Substantive Judgment
Outcome
Judgment to be published in full, unredacted and un-anonymised.
Legal Topics
Publication of Judgments, Confidentiality in Arbitration, Section 24 Arbitration Act 1996, Redaction and Anonymisation
Arbitration Civil Procedure Publication of Judgments Confidentiality in Arbitration Section 24 Arbitration Act 1996 Redaction and Anonymisation

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Parties

Newcastle United Football Company Limited

Claimant

The Football Association Premier League Limited

First Defendant

Michael Beloff QC

Second Defendant

Lord Neuberger

Third Defendant

Lord Dyson

Fourth Defendant

Procedural Posture

Commercial Court Arbitration Related Application / Post Hearing Judgment on Publication of Substantive Judgment

Legal Issues

  1. 1 Should the substantive judgment be published unredacted and un-anonymised or withheld/redacted/anonymised due to confidentiality concerns?
  2. 2 Does the judgment contain significant confidential information not already in the public domain?
  3. 3 Is there a public interest in publication of judgments determining s.24 applications?

Ratio Decidendi

The judgment contains no significant confidential information beyond what is already in the public domain; the public interest in publication of judgments determining s.24 applications outweighs the limited expectation of confidentiality; therefore, the judgment should be published without redaction or anonymisation.

Court Disposition

Judgment to be published in full, unredacted and un-anonymised.

Orders

  • Judgment and substantive judgment to be handed down in unredacted and un-anonymised form unless either party applies for an alternative process by specified deadline.
  • Parties to submit draft order for approval giving effect to judgments and decision concerning permission to appeal by specified deadline.