Hourani v Thomson & Ors [2017] EWHC 56 (QB) (20 January 2017)

Hourani v Thomson & Ors [2017] EWHC 56 (QB) (20 January 2017)

Given the factual disputes and the need to assess the credibility of the fifth defendant and the nature of his relationship with the client, the application for disclosure of the client's identity should be determined by the trial judge after hearing oral evidence. The balancing exercise required under section 10 of the Contempt of Court Act 1981 and Article 10 ECHR cannot be properly performed without the trial judge's assessment of the evidence. The application is not dismissed for delay.

Citation
[2017] EWHC 56
Parties
Claimant: Issam Salah Hourani; Defendant: Alistair Thomson; Defendant: Bryan McCarthy; Defendant: Allison Blair; Defendant: Psybersolutions LLC; Defendant: John Michael Waller
Jurisdiction
England and Wales
Judgment Date
20 January 2017
Procedural Posture
Application for Disclosure (interlocutory) in Civil Proceedings / Pre Trial, Determination of Application for Disclosure of Identity of Fifth Defendant's Client
Outcome
Application adjourned to be determined by the trial judge at trial.
Legal Topics
Disclosure of Sources, Section 10 Contempt of Court Act 1981, Article 10 ECHR, Reasonableness of Conduct, Protection From Harassment Act 1997, Public Interest Defence, Delay in Applications
Defamation Harassment Civil Procedure Human Rights Disclosure of Sources Section 10 Contempt of Court Act 1981 Article 10 ECHR Reasonableness of Conduct +3 more

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Parties

Issam Salah Hourani

Claimant

Alistair Thomson

Defendant

Bryan McCarthy

Defendant

Allison Blair

Defendant

Psybersolutions LLC

Defendant

John Michael Waller

Defendant

Procedural Posture

Application for Disclosure (interlocutory) in Civil Proceedings / Pre Trial, Determination of Application for Disclosure of Identity of Fifth Defendant's Client

Legal Issues

  1. 1 Whether the fifth defendant must disclose the identity of his client who funded and instructed the campaign against the claimant
  2. 2 Whether the protection of journalistic sources under section 10 of the Contempt of Court Act 1981 and Article 10 ECHR applies to the fifth defendant's client
  3. 3 Whether disclosure of the client's identity is necessary in the interests of justice for the harassment claim

Ratio Decidendi

Given the factual disputes and the need to assess the credibility of the fifth defendant and the nature of his relationship with the client, the application for disclosure of the client's identity should be determined by the trial judge after hearing oral evidence. The balancing exercise required under section 10 of the Contempt of Court Act 1981 and Article 10 ECHR cannot be properly performed without the trial judge's assessment of the evidence. The application is not dismissed for delay.

Court Disposition

Application adjourned to be determined by the trial judge at trial.

Orders

  • The claimant's application for disclosure of the identity of the fifth defendant's client is to be heard and determined by the trial judge after hearing oral evidence.