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 order cannot be resolved on an interim basis and must proceed to trial. The application to vary the order is dismissed. Applications in the libel action are adjourned to be heard by another judge. The court did not determine the substantive legal points regarding the use of confidential material or the stay of the libel action at this stage.

Citation
[2011] EWHC 776
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
Application to vary injunction dismissed; applications in libel action adjourned
Legal Topics
Libel, Justification (truth) Defence, Reynolds Defence, Article 6 ECHR (right to Fair Trial), Article 10 ECHR (freedom of Expression), Article 8 ECHR (right to Privacy), Non Party Disclosure, Interim Injunctions
Defamation Media Law Human Rights Libel Justification (truth) Defence Reynolds Defence Article 6 ECHR (right to Fair Trial) Article 10 ECHR (freedom of Expression) +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

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 police material in its defence of truth in 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 order cannot be resolved on an interim basis and must proceed to trial. The application to vary the order is dismissed. Applications in the libel action are adjourned to be heard by another judge. The court did not determine the substantive legal points regarding the use of confidential material or the stay of the libel action at this stage.

Court Disposition

Application to vary injunction dismissed; applications in libel action adjourned

Orders

  • TNL's application to vary the order of 27 January 2011 is dismissed
  • Applications in the libel action are adjourned to be heard by another judge