Vardy v News Group Newspapers Lid [2022] EWHC 946 (QB) (21 April 2022)

Vardy v News Group Newspapers Lid [2022] EWHC 946 (QB) (21 April 2022)

The court ordered non-party disclosure against News Group Newspapers Limited limited to communications with journalist Andy Halls, finding the requirements of CPR 31.17(3) were met only for that journalist and not the others, as the broader application was a fishing expedition. The court granted the claimant retrospective permission and relief from sanctions to rely on witness summaries for Mr Halls, Mr Boyle, Mr Hamilton, and Ms Brookbanks, but refused for Ms Dale and Mr Moyes due to lack of evidence they could give relevant evidence. The application to strike out parts of the defendant's witness statement was not determined in this judgment.

Citation
[2022] EWHC 946 (QB)
Parties
Claimant: Rebekah Vardy; Defendant: Coleen Rooney; Respondent: News Group Newspapers Limited; Non Party Witnesses: Summonsed Journalists
Jurisdiction
England and Wales
Judgment Date
21 April 2022
Procedural Posture
Libel Claim / Pre Trial Review; Interlocutory Applications
Outcome
Applications granted in part and refused in part.
Legal Topics
Libel, Third Party Disclosure, Witness Summaries, Relief From Sanctions, Control of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Rebekah Vardy

Claimant

Coleen Rooney

Defendant

News Group Newspapers Limited

Respondent

Summonsed Journalists

Non Party Witnesses

Procedural Posture

Libel Claim / Pre Trial Review; Interlocutory Applications

  1. 1 Whether to order non-party disclosure against News Group Newspapers Limited under CPR 31.17
  2. 2 Whether to grant the claimant permission to rely on witness summaries and grant relief from sanctions for late application
  3. 3 Whether to strike out parts of the defendant's witness statement

Ratio Decidendi

The court ordered non-party disclosure against News Group Newspapers Limited limited to communications with journalist Andy Halls, finding the requirements of CPR 31.17(3) were met only for that journalist and not the others, as the broader application was a fishing expedition. The court granted the claimant retrospective permission and relief from sanctions to rely on witness summaries for Mr Halls, Mr Boyle, Mr Hamilton, and Ms Brookbanks, but refused for Ms Dale and Mr Moyes due to lack of evidence they could give relevant evidence. The application to strike out parts of the defendant's witness statement was not determined in this judgment.

Court Disposition

Applications granted in part and refused in part.

Orders

  • Non-party disclosure order made against News Group Newspapers Limited limited to communications with Andy Halls only; refused as to other journalists.
  • Claimant granted retrospective permission and relief from sanctions to rely on witness summaries for Andy Halls, Simon Boyle, Michael Hamilton, and Amy Brookbanks; refused as to Rachel Dale and Stephen Moyes.