His Majesty's Attorney General for England and Wales v British Broadcasting Corporation

His Majesty's Attorney General for England and Wales v British Broadcasting Corporation

Neither party was wholly successful; the Attorney General’s success depended substantially on closed material unavailable to the BBC, making it unfair to impose costs consequences. Justice requires each party to bear its own costs.

Parties
Claimant: His Majesty’s Attorney General for England and Wales; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
18 November 2022
Procedural Posture
Injunction Application / Final Determination on Costs
Outcome
no order as to costs
Legal Topics
Injunctions, Closed Material Procedure, Costs Orders, Open Justice
Media Law National Security Civil Procedure Injunctions Closed Material Procedure Costs Orders Open Justice

Case Brief

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Parties

His Majesty’s Attorney General for England and Wales

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Injunction Application / Final Determination on Costs

Legal Issues

  1. 1 whether costs should follow the event in proceedings involving closed material procedure
  2. 2 identification of the successful party for costs purposes
  3. 3 appropriateness of issue-based costs orders

Ratio Decidendi

Neither party was wholly successful; the Attorney General’s success depended substantially on closed material unavailable to the BBC, making it unfair to impose costs consequences. Justice requires each party to bear its own costs.

Court Disposition

no order as to costs

Orders

  • each party to bear its own costs of the entire proceedings