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 as articulated in Guardian v Westminster, access should be permitted to the Guardian for a proper journalistic purpose. The marginal and gratuitous reference to the report does not outweigh the default position of openness, and any Article 8 or reputational concerns can be addressed by anonymisation undertakings. There is insufficient justification for restricting access under CPR 31.22(2).

Citation
[2014] EWHC 1225 (QB)
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
Open Justice, Disclosure of Documents, Confidentiality, Article 10 ECHR, CPR 31.22, CPR 5.4 C
Civil Procedure Media Law Human Rights Open Justice Disclosure of Documents Confidentiality Article 10 ECHR CPR 31.22 +1 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 principle of open justice outweighs confidentiality and Article 8 rights in this context

Ratio Decidendi

The Serco report was referred to at a public hearing and, applying the open justice principle as articulated in Guardian v Westminster, access should be permitted to the Guardian for a proper journalistic purpose. The marginal and gratuitous reference to the report does not outweigh the default position of openness, and any Article 8 or reputational concerns can be addressed by anonymisation undertakings. There is insufficient justification for restricting access 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 the anonymity of NAB and T.
  • No order is made under CPR 31.22(2) restricting disclosure.