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England and Wales High Court (Queen's Bench Division) Decisions
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Cite as:  EWHC 1566 (QB)
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QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| (1) THE COMMISSIONER OF POLICE OF THE METROPOLIS (2) THE SERIOUS ORGANISED CRIME AGENCY
|- and -
|(1) TIMES NEWSPAPERS LIMITED (2) MICHAEL GILLARD
Gavin Millar QC and Anthony Hudson (instructed by Simons Muirhead & Burton) for the Defendants
Hearing dates: 15 June 2011
Crown Copyright ©
Mr Justice Tugendhat:
THE HISTORY OF THE PROCEEDINGS
THE RIGHTS AND OBLIGATIONS OF THE PARTIES
THE RFI POINT
THE DISCLOSURE POINT
"[the publishers] may not rely on any prejudice that may be alleged on [TNL's] Defence of the libel action without first seeking to defend that action using such materials (other than confidential material) as are already available to it, or as may become available to it, including on disclosure from [the libel claimant] or on a third party disclosure application".
"(1) This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings.
(2) The application must be supported by evidence.
(3) The court may make an order under this rule only where –
(a) the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and
(b) disclosure is necessary in order to dispose fairly of the claim or to save costs".
"The common law and ECHR Arts 6 and 10 protect the [publishers'] right to rely upon relevant admissible evidence in the libel proceedings in pursuit of its said defences"
"in the interests of … public safety, for the prevention of disorder or crime, ... for preventing the disclosure of information received in confidence, ..."