HM Attorney General for England And Wales v British Broadcasting Corporation [2025] EWHC 1669 (KB) (02 July 2025)

HM Attorney General for England And Wales v British Broadcasting Corporation [2025] EWHC 1669 (KB) (02 July 2025)

MI5 and the Attorney General misled the High Court, special advocates, IPT, and Investigatory Powers Commissioner by deploying false evidence regarding NCND and CHIS status. The court cannot rely on MI5's internal and external investigations due to procedural deficiencies. Consideration of contempt proceedings is adjourned pending a further investigation under the auspices of the Investigatory Powers Commissioner. Guidance is issued on candour and evidence presentation in national security cases.

Citation
[2025] EWHC 1669 (KB)
Parties
Claimant: HM Attorney General for England and Wales; Defendant: British Broadcasting Corporation; Claimant: The King on the application of 'Beth'; Defendant: The Investigatory Powers Tribunal; Interested Party: The Security Service
Jurisdiction
England and Wales
Judgment Date
02 July 2025
Procedural Posture
High Court Proceedings (injunction and Judicial Review) / Post Hearing Judgment, Consideration of Contempt, Guidance Issued, Further Investigation Ordered
Outcome
Consideration of contempt proceedings adjourned; further investigation ordered; guidance issued; injunction varied to allow reporting of false evidence.
Legal Topics
Injunctions, Closed Material Procedure, Candour in Legal Proceedings, Neither Confirm Nor Deny (ncnd) Policy, Contempt of Court, Disclosure, Breach of Confidence
Public Law National Security Media Law Human Rights Injunctions Closed Material Procedure Candour in Legal Proceedings Neither Confirm Nor Deny (ncnd) Policy +3 more

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Parties

HM Attorney General for England and Wales

Claimant

British Broadcasting Corporation

Defendant

The King on the application of 'Beth'

Claimant

The Investigatory Powers Tribunal

Defendant

The Security Service

Interested Party

Procedural Posture

High Court Proceedings (injunction and Judicial Review) / Post Hearing Judgment, Consideration of Contempt, Guidance Issued, Further Investigation Ordered

Legal Issues

  1. 1 Whether MI5 and the Attorney General misled the court and special advocates by deploying false evidence regarding NCND and CHIS status
  2. 2 Whether further steps should be taken regarding contempt of court
  3. 3 Whether NCND can be maintained as to X's CHIS status

Ratio Decidendi

MI5 and the Attorney General misled the High Court, special advocates, IPT, and Investigatory Powers Commissioner by deploying false evidence regarding NCND and CHIS status. The court cannot rely on MI5's internal and external investigations due to procedural deficiencies. Consideration of contempt proceedings is adjourned pending a further investigation under the auspices of the Investigatory Powers Commissioner. Guidance is issued on candour and evidence presentation in national security cases.

Court Disposition

Consideration of contempt proceedings adjourned; further investigation ordered; guidance issued; injunction varied to allow reporting of false evidence.

Orders

  • Further investigation to be conducted under the Investigatory Powers Commissioner.
  • Consideration of contempt proceedings adjourned pending investigation outcome.