Hourani v Thomson & Ors

Hourani v Thomson & Ors

The application for disclosure of the fifth defendant's client cannot be determined without oral evidence and cross-examination at trial. The balancing exercise required by section 10 of the Contempt of Court Act 1981 and Article 10 ECHR, including the credibility of the fifth defendant and the legitimacy of the campaign, necessitates that the trial judge hears the evidence. The claimant's application for disclosure is deferred to be heard at trial.

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
Civil / Interlocutory Application for Disclosure
Outcome
Application for disclosure of the fifth defendant's client deferred to trial judge.
Legal Topics
Libel, Harassment, Disclosure, Protection of Sources, Freedom of Expression, Public Interest Defence
Defamation Harassment Civil Procedure Human Rights Libel Disclosure Protection of Sources Freedom of Expression +1 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

Civil / Interlocutory Application for Disclosure

Legal Issues

  1. 1 Whether the fifth defendant must disclose the identity of his client who funded and instructed the campaign alleged to be defamatory and harassing
  2. 2 Whether the fifth defendant's client is entitled to protection as a 'source' under section 10 of the Contempt of Court Act 1981 and Article 10 ECHR
  3. 3 Whether disclosure is necessary in the interests of justice

Ratio Decidendi

The application for disclosure of the fifth defendant's client cannot be determined without oral evidence and cross-examination at trial. The balancing exercise required by section 10 of the Contempt of Court Act 1981 and Article 10 ECHR, including the credibility of the fifth defendant and the legitimacy of the campaign, necessitates that the trial judge hears the evidence. The claimant's application for disclosure is deferred to be heard at trial.

Court Disposition

Application for disclosure of the fifth defendant's client deferred to trial judge.

Orders

  • The claimant's application for disclosure of the identity of the fifth defendant's client will be heard by the trial judge at trial.