NAB v Serco Ltd & Anor

NAB v Serco Ltd & Anor

The Serco report was 'referred to' at a public hearing and, applying the open justice principle, access should be granted to the Guardian. The marginal and gratuitous reference does not outweigh the default position. No sufficient countervailing interests (privacy, settlement, or reputational harm) justify restricting access, especially with undertakings to protect anonymity.

Parties
Claimant: NAB; Defendant: Serco Limited; Defendant: The Home Office; Applicant (non Party): Guardian News & Media Ltd
Jurisdiction
England and Wales
Judgment Date
16 April 2014
Procedural Posture
Civil / Post Trial Application for Disclosure of Document to Non Party
Outcome
Application for access to the Serco report by the Guardian allowed; Serco's cross-application for restriction refused.
Legal Topics
Disclosure of Documents, Open Justice, Confidentiality, Article 10 ECHR, Article 8 ECHR
Civil Procedure Media Law Human Rights Disclosure of Documents Open Justice Confidentiality Article 10 ECHR Article 8 ECHR

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Parties

NAB

Claimant

Serco Limited

Defendant

The Home Office

Defendant

Guardian News & Media Ltd

Applicant (non Party)

Procedural Posture

Civil / Post Trial Application for Disclosure of Document to Non Party

Legal Issues

  1. 1 Whether a disclosed document (Serco internal investigation report) can be provided to a non-party (Guardian) under CPR 31.22(1) or (2)
  2. 2 Whether the document was 'referred to' at a public hearing, triggering the open justice principle
  3. 3 Whether any countervailing interests (privacy, confidentiality, settlement) outweigh the principle of open justice

Ratio Decidendi

The Serco report was 'referred to' at a public hearing and, applying the open justice principle, access should be granted to the Guardian. The marginal and gratuitous reference does not outweigh the default position. No sufficient countervailing interests (privacy, settlement, or reputational harm) justify restricting access, especially with undertakings to protect anonymity.

Court Disposition

Application for access to the Serco report by the Guardian allowed; Serco's cross-application for restriction refused.

Orders

  • Guardian News & Media Ltd is permitted access to the Serco internal investigation report, subject to undertakings to protect the anonymity of NAB and T.
  • No order restricting use of the report under CPR 31.22(2).