Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB) (07 April 2022)

Her Majesty's Attorney General for England and Wales v British Broadcasting Corporation [2022] EWHC 826 (QB) (07 April 2022)

The court held that the Attorney General established, on the balance of probabilities, that publication of X's identity would expose him to a real and immediate risk of death or serious injury, and would cause material damage to national security. The public interest in protecting X's life and national security outweighed the public interest in disclosure. Interim relief restraining publication was justified under the law of confidence and Articles 2 and 3 ECHR, and the Attorney was likely to succeed at trial. The injunction was granted.

Citation
[2022] EWHC 826
Parties
Claimant: HER MAJESTY'S ATTORNEY GENERAL for ENGLAND and WALES; Defendant: BRITISH BROADCASTING CORPORATION; Special Advocates: Special Advocates (for closed proceedings)
Jurisdiction
England and Wales
Judgment Date
07 April 2022
Procedural Posture
Interim Injunction Application (civil) / Interim Relief (pre Trial)
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Freedom of Expression, Breach of Confidence, National Security, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Article 10 ECHR, Closed Material Procedure, Public Interest Defence
Media Law Human Rights Law Confidentiality Law National Security Law Interim Injunctions Freedom of Expression Breach of Confidence National Security +6 more

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Parties

HER MAJESTY'S ATTORNEY GENERAL for ENGLAND and WALES

Claimant

BRITISH BROADCASTING CORPORATION

Defendant

Special Advocates (for closed proceedings)

Special Advocates

Procedural Posture

Interim Injunction Application (civil) / Interim Relief (pre Trial)

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain the BBC from publishing the identity of X as a covert human intelligence source (CHIS) for MI5, in light of alleged risks to national security and X's life and safety, balanced against the public interest in disclosure and the rights of women potentially at risk from X.

Ratio Decidendi

The court held that the Attorney General established, on the balance of probabilities, that publication of X's identity would expose him to a real and immediate risk of death or serious injury, and would cause material damage to national security. The public interest in protecting X's life and national security outweighed the public interest in disclosure. Interim relief restraining publication was justified under the law of confidence and Articles 2 and 3 ECHR, and the Attorney was likely to succeed at trial. The injunction was granted.

Court Disposition

Interim injunction granted

Orders

  • The BBC is restrained from publishing X's name or image or any information likely to identify X as a CHIS for MI5, pending trial or further order.