Various Claimants v MGN [2018] EWHC 708 (Ch) (22 March 2018)

The interests of justice in maintaining the early disclosure regime for claimants outweigh the minimal and speculative risk to a journalistic source; imposing a consent requirement would disproportionately prejudice numerous claimants and is not necessary under section 10 Contempt of Court Act 1981.

Citation: [2018] EWHC 708 (Ch)
Parties: Claimants: Various Claimants; Defendant: MGN
Jurisdiction: England and Wales
Judgment Date: 22 March 2018
Procedural Posture: Application to Vary Early Disclosure Provisions in Managed Litigation / Post Issue, Interlocutory Application
Outcome: Defendant's application refused
Legal Topics: Early Disclosure, Journalistic Source Protection, Phone Hacking, Confidentiality, Balancing Interests Under Article 10

Media Law Privacy Law Civil Procedure Early Disclosure Journalistic Source Protection Phone Hacking Confidentiality Balancing Interests Under Article 10

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2

Parties

Various Claimants

Claimants

MGN

Defendant

Procedural Posture

Application to Vary Early Disclosure Provisions in Managed Litigation / Post Issue, Interlocutory Application

Legal Issues

1 Whether early disclosure of associates' call data should be subject to consent to protect journalistic sources
2 Whether the interests of justice override journalistic source protection under section 10 Contempt of Court Act 1981

Ratio Decidendi

Court Disposition

Defendant's application refused

Orders

Early disclosure regime to remain unchanged; no consent requirement imposed for disclosure of associates' call data