Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor
The issues raised by TNL and Mr Gillard regarding use of confidential material cannot be resolved on an interim application and must proceed to trial; the application to vary the injunction is dismissed, and the libel action applications are adjourned to be heard by another judge.
- Parties
- Claimant: The Commissioner of Police of the Metropolis; Claimant: The Serious Organised Crime Agency; Defendant: Times Newspapers Ltd; Defendant: Michael Gillard
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2011
- Procedural Posture
- Injunction and Libel / Interim Application Ruling
- Outcome
- TNL's application to vary the injunction is dismissed; applications in the libel action are adjourned.
- Legal Topics
- Libel, Disclosure, Interim Injunction, Article 6 ECHR, Article 10 ECHR, Reynolds Defence, Confidentiality, Stay of Proceedings
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
Michael Gillard
Defendant
Procedural Posture
Injunction and Libel / Interim Application Ruling
Legal Issues
- 1 Whether TNL and Mr Gillard should be permitted to use confidential material in defending a libel action
- 2 Whether the injunction restraining use of confidential material should be varied
- 3 Whether the libel proceedings should be stayed pending resolution of injunction proceedings
Ratio Decidendi
The issues raised by TNL and Mr Gillard regarding use of confidential material cannot be resolved on an interim application and must proceed to trial; the application to vary the injunction is dismissed, and the libel action applications are adjourned to be heard by another judge.
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 order is dismissed.
- Mr Hunt's and TNL's applications in the libel action are adjourned to be heard by another judge.
Full Case Text
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