Malik v Manchester Crown Court & Ors

Malik v Manchester Crown Court & Ors

The judge was entitled to grant a production order in principle, as the statutory access conditions were satisfied and the balancing exercise between public interest in terrorism investigations and journalistic rights was properly conducted. However, the terms of the order were too wide and did not sufficiently...

Source-derived case information.

Parties
Claimant: Shiv Malik; Defendant: Manchester Crown Court; Defendant: Chief Constable of Greater Manchester Police; Interested Party: Constable and Robinson Ltd; Interested Party: Attorney General
Jurisdiction
England and Wales
Judgment Date
19 June 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Application for judicial review dismissed except as to the width of the production order; parties invited to make submissions on precise terms of the order.
Legal Topics
Production Orders, Privilege Against Self Incrimination, Freedom of Expression, Protection of Journalistic Sources, Terrorism Investigations, Disclosure Procedures
Criminal Law Human Rights Law Media Law Production Orders Privilege Against Self Incrimination Freedom of Expression Protection of Journalistic Sources Terrorism Investigations +1 more

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Summary, issues, holding and outcome

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Parties

Shiv Malik

Claimant

Manchester Crown Court

Defendant

Chief Constable of Greater Manchester Police

Defendant

Constable and Robinson Ltd

Interested Party

Attorney General

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the production order was substantively unlawful
  2. 2 Whether the production order was made following an unfair procedure
  3. 3 Whether the Chief Constable complied with duty of disclosure

Ratio Decidendi

The judge was entitled to grant a production order in principle, as the statutory access conditions were satisfied and the balancing exercise between public interest in terrorism investigations and journalistic rights was properly conducted. However, the terms of the order were too wide and did not sufficiently protect the anonymity of sources other than Hassan Butt. The claimant's procedural and substantive challenges failed except as to the width of the order.

Court Disposition

Application for judicial review dismissed except as to the width of the production order; parties invited to make submissions on precise terms of the order.

Orders

  • Production order upheld in principle but terms to be reconsidered after further submissions, particularly to protect anonymity of sources other than Hassan Butt.