Goodley v The Hut Group Ltd [2021] EWHC 1193 (Comm) (06 May 2021)

Goodley v The Hut Group Ltd [2021] EWHC 1193 (Comm) (06 May 2021)

Where a document has been placed before the court and referred to in a public judgment, the default position is that access should be permitted under the open justice principle, especially for proper journalistic purposes. The applicant demonstrated a legitimate journalistic interest advancing the open justice principle, and there was no identified risk of harm from disclosure. The age of the proceedings did not undermine the public interest, given renewed relevance. The application was therefore granted.

Citation
[2021] EWHC 1193 (Comm)
Parties
Applicant: Simon Goodley; Respondent (claimant): The Hut Group Limited; Respondent (defendant): Oliver Nobahar-Cookson; Respondent (defendant): Barclays Private Bank & Trust Limited (acting as trustee of Oliver's Sebastian led Trust 2011, formerly the Oliver Nobahar-Cookson Trust)
Jurisdiction
England and Wales
Judgment Date
06 May 2021
Procedural Posture
Application in Concluded Commercial Proceedings / Post Judgment Application for Non Party Disclosure
Outcome
Application granted
Legal Topics
Open Justice Principle, Non Party Access to Court Documents, Disclosure to Journalists, Inherent Jurisdiction of the Court
Civil Procedure Media Law Commercial Law Open Justice Principle Non Party Access to Court Documents Disclosure to Journalists Inherent Jurisdiction of the Court

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Parties

Simon Goodley

Applicant

The Hut Group Limited

Respondent (claimant)

Oliver Nobahar-Cookson

Respondent (defendant)

Barclays Private Bank & Trust Limited (acting as trustee of Oliver's Sebastian led Trust 2011, formerly the Oliver Nobahar-Cookson Trust)

Respondent (defendant)

Procedural Posture

Application in Concluded Commercial Proceedings / Post Judgment Application for Non Party Disclosure

Legal Issues

  1. 1 Whether a journalist is entitled to access a document (the Project Hydrogen report) referred to in a public judgment from concluded proceedings under the open justice principle and/or the court's inherent jurisdiction.

Ratio Decidendi

Where a document has been placed before the court and referred to in a public judgment, the default position is that access should be permitted under the open justice principle, especially for proper journalistic purposes. The applicant demonstrated a legitimate journalistic interest advancing the open justice principle, and there was no identified risk of harm from disclosure. The age of the proceedings did not undermine the public interest, given renewed relevance. The application was therefore granted.

Court Disposition

Application granted

Orders

  • The Hut Group Limited is ordered to provide Simon Goodley with a copy of the Project Hydrogen report as referred to in the Blair judgment.