NAB v Serco Ltd & Anor [2014] EWHC 1225 (QB) (16 April 2014)

NAB v Serco Ltd & Anor [2014] EWHC 1225 (QB) (16 April 2014)

The Serco report was referred to at a public hearing and, applying the open justice principle, access should be permitted to the Guardian for a proper journalistic purpose. The risks to privacy and reputation are outweighed by the public interest, especially with undertakings to protect anonymity. There are no sufficient grounds to restrict disclosure under CPR 31.22(2).

Citation
[2014] EWHC 1225
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 Regarding Disclosure of Documents to Non Party
Outcome
Application granted; cross-application dismissed
Legal Topics
Disclosure of Documents, Open Justice, Confidentiality, Article 8 ECHR, Article 10 ECHR, Vicarious Liability, False Imprisonment
Civil Procedure Media Law Human Rights Disclosure of Documents Open Justice Confidentiality Article 8 ECHR Article 10 ECHR +2 more

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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 Regarding Disclosure of Documents to Non Party

Legal Issues

  1. 1 Whether a non-party (the Guardian) should be granted access to a confidential report disclosed in civil proceedings under CPR 31.22 and/or CPR 5.4C
  2. 2 Whether the court should restrict or prohibit use of the report under CPR 31.22(2)

Ratio Decidendi

The Serco report was referred to at a public hearing and, applying the open justice principle, access should be permitted to the Guardian for a proper journalistic purpose. The risks to privacy and reputation are outweighed by the public interest, especially with undertakings to protect anonymity. There are no sufficient grounds to restrict disclosure under CPR 31.22(2).

Court Disposition

Application granted; cross-application dismissed

Orders

  • The Guardian is permitted access to the Serco investigation report, subject to undertakings to maintain anonymity of the complainant and alleged perpetrator.
  • No order restricting or prohibiting use of the report under CPR 31.22(2).