Hourani v Thomson & Ors [2017] EWHC 173 (QB) (06 February 2017)

Hourani v Thomson & Ors [2017] EWHC 173 (QB) (06 February 2017)

The court held that the identities of the client(s) are relevant but not necessary for the fair determination of the issues at this stage. Source protection rights under s.10 Contempt of Court Act 1981 and Article 10 ECHR are engaged, and the claimant has not shown that disclosure is 'really needed' for a fair trial or to vindicate rights at this point. The application for disclosure and further information is refused, but the issue may be revisited after trial if necessary.

Citation
[2017] EWHC 173 (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
06 February 2017
Procedural Posture
High Court Civil Claim (libel and Harassment) / Interlocutory Application for Inspection of Documents and Further Information as Preliminary Issue at Trial
Outcome
Application for inspection of documents and further information refused.
Legal Topics
Source Protection, Disclosure of Documents, Libel, Harassment, Freedom of Expression, Article 10 ECHR, Contempt of Court Act 1981 S.10
Media Law Civil Procedure Human Rights Source Protection Disclosure of Documents Libel Harassment Freedom of Expression +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 (libel and Harassment) / Interlocutory Application for Inspection of Documents and Further Information as Preliminary Issue at Trial

Legal Issues

  1. 1 Whether the identity of the defendants' client(s) must be disclosed to the claimant
  2. 2 Whether source protection rights under s.10 Contempt of Court Act 1981 and Article 10 ECHR are engaged and override disclosure
  3. 3 Whether disclosure is necessary for the fair determination of the issues or to vindicate the claimant's rights

Ratio Decidendi

The court held that the identities of the client(s) are relevant but not necessary for the fair determination of the issues at this stage. Source protection rights under s.10 Contempt of Court Act 1981 and Article 10 ECHR are engaged, and the claimant has not shown that disclosure is 'really needed' for a fair trial or to vindicate rights at this point. The application for disclosure and further information is refused, but the issue may be revisited after trial if necessary.

Court Disposition

Application for inspection of documents and further information refused.

Orders

  • No order for disclosure of the identity of the client(s) at this stage.
  • Liberty to apply to revisit the issue after trial if necessary.