Various Claimants v MGN

Various Claimants v MGN

The interests of justice in maintaining the current early disclosure regime for outgoing call data outweigh the speculative and limited risk of revealing a journalistic source in one case. The proposed regime requiring associate consent is unworkable, disproportionate, and would unfairly prejudice a large number of claimants. The evidence of risk to a source is thin, and the nature of the information and source does not justify overriding the claimants' rights to disclosure.

Parties
Claimant: Various Claimants; Defendant: MGN
Jurisdiction
England and Wales
Judgment Date
22 March 2018
Procedural Posture
Civil / Interlocutory Application to Vary Early Disclosure Provisions
Outcome
Application refused
Legal Topics
Disclosure of Evidence, Protection of Journalistic Sources, Privacy, Proportionality in Litigation
Media Law Civil Procedure Disclosure of Evidence Protection of Journalistic Sources Privacy Proportionality in Litigation

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 8 Party arguments 2
Sign in to unlock

Parties

Various Claimants

Claimant

MGN

Defendant

Procedural Posture

Civil / Interlocutory Application to Vary Early Disclosure Provisions

Legal Issues

  1. 1 Whether early disclosure of outgoing call data relating to associates should require the associates' consent due to risk of revealing a journalistic source
  2. 2 Whether the protection of journalistic sources under section 10 of the Contempt of Court Act 1981 overrides the interests of justice in this managed litigation

Ratio Decidendi

The interests of justice in maintaining the current early disclosure regime for outgoing call data outweigh the speculative and limited risk of revealing a journalistic source in one case. The proposed regime requiring associate consent is unworkable, disproportionate, and would unfairly prejudice a large number of claimants. The evidence of risk to a source is thin, and the nature of the information and source does not justify overriding the claimants' rights to disclosure.

Court Disposition

Application refused

Orders

  • The defendant's application to vary the early disclosure regime to require associates' consent is refused.