Rebekah Vardy v Coleen Rooney

Rebekah Vardy v Coleen Rooney

Section 10 of the Contempt of Court Act 1981 applies to all sources, not only confidential ones. The applicants established a serious risk that questioning would disclose source identity, engaging section 10. The claimant did not seek to override source protection by necessity, so the witness summonses are set aside. The defendant's application for disclosure from NGN fails as the interests of justice do not override the high public interest in source protection in this case.

Parties
Claimant: Rebekah Vardy; Defendant: Coleen Rooney; Respondent: News Group Newspapers Limited; Applicant: Simon Boyle; Applicant: Amy Brookbanks; Applicant: Andrew Halls
Jurisdiction
England and Wales
Judgment Date
29 April 2022
Procedural Posture
Libel Claim / Pre Trial Applications Ruling
Outcome
Witness summonses set aside; disclosure application refused; permission to rely on amended witness summary of Mr Hamilton granted.
Legal Topics
Protection of Journalistic Sources, Witness Summons, Disclosure, Section 10 Contempt of Court Act 1981, Article 10 ECHR
Media Law Defamation Civil Procedure Protection of Journalistic Sources Witness Summons Disclosure Section 10 Contempt of Court Act 1981 Article 10 ECHR

Case Brief

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Parties

Rebekah Vardy

Claimant

Coleen Rooney

Defendant

News Group Newspapers Limited

Respondent

Simon Boyle

Applicant

Amy Brookbanks

Applicant

Andrew Halls

Applicant

Procedural Posture

Libel Claim / Pre Trial Applications Ruling

Legal Issues

  1. 1 Whether section 10 of the Contempt of Court Act 1981 applies only to confidential sources
  2. 2 Whether the witness summonses should be set aside due to source protection rights
  3. 3 Whether the defendant is entitled to disclosure from News Group Newspapers Limited overriding source protection

Ratio Decidendi

Section 10 of the Contempt of Court Act 1981 applies to all sources, not only confidential ones. The applicants established a serious risk that questioning would disclose source identity, engaging section 10. The claimant did not seek to override source protection by necessity, so the witness summonses are set aside. The defendant's application for disclosure from NGN fails as the interests of justice do not override the high public interest in source protection in this case.

Court Disposition

Witness summonses set aside; disclosure application refused; permission to rely on amended witness summary of Mr Hamilton granted.

Orders

  • Permission to rely on the amended witness summary of Mr Hamilton is granted.
  • The witness summonses in respect of Mr Halls, Mr Boyle and Ms Brookbanks are set aside.