Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor [2011] EWHC 776 (QB) (18 April 2011)

Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor [2011] EWHC 776 (QB) (18 April 2011)

The issues raised by Times Newspapers Ltd's application to vary the injunction cannot be resolved at the interim stage and must proceed to trial; the application to vary the order is dismissed. The applications in the libel action are adjourned to be heard by another judge. The question of whether TNL's ability to defend the libel action is materially restricted by the injunction raises a serious issue to be tried.

Citation
[2011] EWHC 776 (QB)
Parties
Claimant: The Commissioner of Police of the Metropolis; Claimant: The Serious Organised Crime Agency; Defendant: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
18 April 2011
Procedural Posture
Interim Application in Injunction Proceedings Related to Libel Action / Interim Application; Applications for Directions and Variation of Injunction Order
Outcome
TNL's application to vary the injunction is dismissed; applications in the libel action are adjourned.
Legal Topics
Libel, Justification (truth) Defence, Reynolds Defence (public Interest Privilege), Article 6 ECHR (right to Fair Trial), Article 10 ECHR (freedom of Expression), Article 8 ECHR (right to Privacy), Non Party Disclosure, Interim Injunctions
Media Law Defamation Human Rights Civil Procedure Libel Justification (truth) Defence Reynolds Defence (public Interest Privilege) Article 6 ECHR (right to Fair Trial) +4 more

Case Brief

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Parties

The Commissioner of Police of the Metropolis

Claimant

The Serious Organised Crime Agency

Claimant

Times Newspapers Ltd

Defendant

Procedural Posture

Interim Application in Injunction Proceedings Related to Libel Action / Interim Application; Applications for Directions and Variation of Injunction Order

Legal Issues

  1. 1 Whether Times Newspapers Ltd can use confidential material from police sources in its defence to a libel action
  2. 2 Whether the interim injunction restraining use of confidential material should be varied
  3. 3 Whether the libel action should be stayed pending resolution of injunction proceedings

Ratio Decidendi

The issues raised by Times Newspapers Ltd's application to vary the injunction cannot be resolved at the interim stage and must proceed to trial; the application to vary the order is dismissed. The applications in the libel action are adjourned to be heard by another judge. The question of whether TNL's ability to defend the libel action is materially restricted by the injunction raises a serious issue to be tried.

Court Disposition

TNL's application to vary the injunction is dismissed; applications in the libel action are adjourned.

Orders

  • TNL's application for variation of the 27 January 2011 injunction is dismissed.
  • Applications in the libel action (directions and stay) are adjourned to be heard by another judge.