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

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

The application for disclosure of the fifth defendant's client raises issues of fact and credibility that require oral evidence at trial. The balancing exercise under section 10 of the Contempt of Court Act 1981 and Article 10 ECHR cannot be properly conducted without hearing from the fifth defendant. Therefore, the application should be determined by the trial judge, not at this interlocutory stage.

Citation
[2017] EWHC 56 (QB)
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
High Court Civil Claim (queen's Bench Division) / Interlocutory Application for Disclosure Prior to Trial
Outcome
Application adjourned to be determined at trial.
Legal Topics
Libel, Harassment, Disclosure of Sources, Freedom of Expression, Protection of Journalistic Sources, Public Interest Defence, Reasonableness of Conduct
Defamation Harassment Civil Procedure Human Rights Libel Disclosure of Sources Freedom of Expression Protection of Journalistic Sources +2 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

High Court Civil Claim (queen's Bench Division) / Interlocutory Application for Disclosure Prior to Trial

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

The application for disclosure of the fifth defendant's client raises issues of fact and credibility that require oral evidence at trial. The balancing exercise under section 10 of the Contempt of Court Act 1981 and Article 10 ECHR cannot be properly conducted without hearing from the fifth defendant. Therefore, the application should be determined by the trial judge, not at this interlocutory stage.

Court Disposition

Application adjourned to be determined 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.