Hourani v Thomson & Ors

Hourani v Thomson & Ors

The court found that the information sought (the identity of the client(s)) is relevant but that source protection rights under s 10 of the Contempt of Court Act 1981 are engaged. It was not shown that disclosure is necessary for the fair trial of the issues, for third party disclosure, or to vindicate rights at this stage. A fair trial can proceed without disclosure, and any value added by disclosure would not justify the interference with source protection rights, delay, or disruption.

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
Civil / Interlocutory Application Ruling (preliminary Issue at Trial)
Outcome
Application for disclosure of the identity of the client(s) refused at this stage.
Legal Topics
Source Protection, Disclosure of Documents, Harassment, Libel, Freedom of Expression
Media Law Civil Procedure Human Rights Source Protection Disclosure of Documents Harassment Libel Freedom of Expression

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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 Ruling (preliminary Issue at Trial)

Legal Issues

  1. 1 Whether the claimant is entitled to disclosure of the identity of the defendants' client(s) (source(s)) in the context of source protection rights under s 10 Contempt of Court Act 1981 and Article 10 ECHR
  2. 2 Whether disclosure is necessary for the fair determination of the issues, for third party disclosure, or to vindicate rights against the client(s)

Ratio Decidendi

The court found that the information sought (the identity of the client(s)) is relevant but that source protection rights under s 10 of the Contempt of Court Act 1981 are engaged. It was not shown that disclosure is necessary for the fair trial of the issues, for third party disclosure, or to vindicate rights at this stage. A fair trial can proceed without disclosure, and any value added by disclosure would not justify the interference with source protection rights, delay, or disruption.

Court Disposition

Application for disclosure of the identity of the client(s) refused at this stage.

Orders

  • Claimant's application for inspection of documents and further information (identity of client(s)) is refused.
  • Liberty to apply to revisit the issue after determination of the main claims.