Police of the Metropolis & Anoir v Times Newspapers Ltd & Anor

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

  1. 1 Whether TNL and Mr Gillard should be permitted to use confidential material in defending a libel action
  2. 2 Whether the injunction restraining use of confidential material should be varied
  3. 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.