Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates' Court & Anor

Guardian News and Media Ltd, R (on the application of) v City of Westminster Magistrates' Court & Anor

The Court of Appeal has jurisdiction to hear GNML's appeal because the application for disclosure was wholly collateral to the extradition proceedings, made by a non-party, and did not involve the court exercising criminal jurisdiction or affect the outcome of the criminal proceedings. The statutory bar in section 18(1)(a) does not apply to such collateral civil matters.

Parties
Appellant/claimant: Guardian News and Media Limited; Respondent/defendant: City of Westminster Magistrates’ Court; Interested Party: Government of the United States of America
Jurisdiction
England and Wales
Judgment Date
25 October 2011
Procedural Posture
Judicial Review and Case Stated Appeal / Permission to Appeal and Jurisdictional Ruling
Outcome
permission to appeal granted; Court of Appeal has jurisdiction
Legal Topics
Jurisdiction of Court of Appeal, Criminal Cause or Matter, Third Party Disclosure, Extradition Proceedings, Freedom of Expression, Article 10 ECHR
Constitutional Law Criminal Procedure Civil Procedure Media Law Jurisdiction of Court of Appeal Criminal Cause or Matter Third Party Disclosure Extradition Proceedings +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Guardian News and Media Limited

Appellant/claimant

City of Westminster Magistrates’ Court

Respondent/defendant

Government of the United States of America

Interested Party

Procedural Posture

Judicial Review and Case Stated Appeal / Permission to Appeal and Jurisdictional Ruling

Legal Issues

  1. 1 Does the Court of Appeal have jurisdiction to hear an appeal by a third party (media) from a Divisional Court decision refusing disclosure of documents in extradition proceedings?
  2. 2 Should permission to appeal be granted to the applicant (GNML)?

Ratio Decidendi

The Court of Appeal has jurisdiction to hear GNML's appeal because the application for disclosure was wholly collateral to the extradition proceedings, made by a non-party, and did not involve the court exercising criminal jurisdiction or affect the outcome of the criminal proceedings. The statutory bar in section 18(1)(a) does not apply to such collateral civil matters.

Court Disposition

permission to appeal granted; Court of Appeal has jurisdiction

Orders

  • The Court of Appeal has jurisdiction to hear the appeal by GNML.
  • Permission to appeal is granted to GNML.