Duchess of Sussex v Associated Newspapers Ltd (Rev 2)

Duchess of Sussex v Associated Newspapers Ltd (Rev 2)

At this pre-trial stage, the identities of the five friends are confidential information, disclosure of which is not necessary for the administration of justice and would not advance the purposes of open justice. The balance of interests favours maintaining confidentiality to protect the friends and the integrity of the proceedings. The confidential schedule is not automatically accessible to non-parties under CPR 5.4C, and an order under CPR 18.2 restricting use and publication is justified.

Parties
Claimant: HRH The Duchess of Sussex; Defendant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
05 August 2020
Procedural Posture
Civil Intellectual Property / Privacy / Interlocutory Application (interim Decision on Confidentiality of Sources)
Outcome
Application granted (interim order for confidentiality of sources)
Legal Topics
Confidentiality of Sources, Open Justice, Misuse of Private Information, Interim Injunctions, Procedural Law (cpr 5.4 C, CPR 18.2)
Media Law Privacy Law Civil Procedure Confidentiality of Sources Open Justice Misuse of Private Information Interim Injunctions Procedural Law (cpr 5.4 C, CPR 18.2)

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Parties

HRH The Duchess of Sussex

Claimant

Associated Newspapers Limited

Defendant

Procedural Posture

Civil Intellectual Property / Privacy / Interlocutory Application (interim Decision on Confidentiality of Sources)

Legal Issues

  1. 1 Whether the identities of five confidential media sources should be protected from public disclosure at the pre-trial stage
  2. 2 Whether the use of a confidential schedule to a Part 18 Response is justified and lawful
  3. 3 Whether the open justice principle outweighs the confidentiality interests at this stage

Ratio Decidendi

At this pre-trial stage, the identities of the five friends are confidential information, disclosure of which is not necessary for the administration of justice and would not advance the purposes of open justice. The balance of interests favours maintaining confidentiality to protect the friends and the integrity of the proceedings. The confidential schedule is not automatically accessible to non-parties under CPR 5.4C, and an order under CPR 18.2 restricting use and publication is justified.

Court Disposition

Application granted (interim order for confidentiality of sources)

Orders

  • The defendant is restrained from publishing, communicating, or disclosing the identities of the five friends named in the confidential schedule, except for the purposes of these proceedings.
  • All parties must refer to the friends as Friends A to E in these proceedings.