John and Others v Express Newspapers and Others: CA 26 Apr 2000

Where a party sought from a newspaper disclosure of the source of a journalists story, and an order for contempt in default he was under a duty first to attempt to find that source through other means. A failure even to try can be persuasive to the court that no order should be made. The statute required a two stage process by the judge. He first decided whether the disclosure was necessary, and secondly he must weight the conflicting interests. An inquiry might be necessary even if no fruitful outcome was anticipated. The court may be astute to avoid a third party who has become involved innocently in wrongdoing by another from being subjected to a requirement to give disclosure unless this is established to be a necessary and proportionate response in all the circumstances.
Gazette 25-May-2000, Times 26-Apr-2000, [2000] EWCA Civ 135, [2000] 1 WLR 1931
Contempt of Court Act 1981 10
England and Wales
Appeal fromSir Elton Hercules John, Happenstance Ltd, William A Bong Ltd, J Bondi Ltd, Eversheds (A Firm) v Express Newspapers, Rosie Boycott, Rachel Baird QBD 3-Mar-2000
The Claimants sought an order for the Defendants to disclose the identity of their source of the confidential information contained in a draft advice the property of the Claimants and of the precise circumstances in which it came to the attention of . .

Cited by:
CitedAshworth Security Hospital v MGN Limited HL 27-Jun-2002
Order for Journalist to Disclose Sources
The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have . .

Lists of cited by and citing cases may be incomplete.
Updated: 22 October 2021; Ref: scu.82529