The BBC sought permission to inspect a class of documents on the court file in judicial review proceedings. The reason for the application was that the documents were likely to contain information relevant to a libel action in which Mr Taranissi was suing the BBC and in which the BBC wished to advance a plea of justification. Saunders J said: ‘In their application, the BBC have identified the general class of document that they wish to see. I am satisfied that this is not an exercise to look through the whole of the court file to see if there is anything in it which might possibly assist which could probably be described as a fishing expedition. The reason for the application is not directly concerned with obtaining publication in the public interest or in pursuit of the principle of open justice; it is clearly to assist the BBC in their libel action. Indirectly it is concerned with the public interest because that public interest is the basis of the plea of justification in the libel action. In any event, I am satisfied on the authorities to which I have been referred that an application for disclosure for the purposes of collateral litigation does not mean in any sense that the order cannot be made.’
Judges:
Saunders J
Citations:
[2009] EWHC 130 (Admin)
Links:
Cited by:
Cited – ABC Ltd v Y ChD 6-Dec-2010
There had been proceedings as to the misuse of confidential information. X, a non-party, now sought disclosure of papers used in that case. The case had been settled by means of a Tomlin Schedule, and that, subject to further order, non-parties . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Media, Litigation Practice
Updated: 22 July 2022; Ref: scu.280425