Duchess of Sussex v Associated Newspapers Ltd: ChD 5 Aug 2020

The issue on this application is whether the identity of confidential media sources should be protected from public disclosure. Normally, when such an issue arises it is the claimant who seeks disclosure of the sources. The media invariably maintain that the protection of confidential sources is of high importance, and that names should not be disclosed or publicised. In this unusual case, the roles are reversed. The defendant, a newspaper publisher, wishes to publicise the identities of five media sources, maintaining that their identities are not private or confidential information, or otherwise deserving of protection in fact or law. The claimant is seeking orders to prevent such publicity, relying on evidence – which is unchallenged – that the sources provided information for publication on an express undertaking that they would remain anonymous.
Warby J
[2020] EWHC 2160 (Ch)
Bailii
England and Wales

Updated: 08 October 2021; Ref: scu.653023