Recording’s disclosure would limit investigation
After an air crash, the prosecutor of the pilot used in evidence a recording from the cockpit of the aircraft. The claimant broadcaster sought release of the recording to it so that its own report would be more accurate and fair. The request was resisted under the statutory provisions on the ground that it would make future investigations more difficult because pilots would be reluctant to co-operate.
Held: The request was refused. The UK Regulation did yet not include the full restriction on republication of the international provisions, but comity required it to be read in such a way as to comply with international obligations. A balance was to be found in each case between the need for open justice, and the maintenance or international co-operation in air investigations by applying common standards. On the facts, the suggested adverse impacts outweighed the benefit of disclosure to the claimants.
Edis J
[2019] WLR(D) 92, [2019] EWHC 135 (QB)
WLRD, Bailii
Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018 25, Parliament and Council Regulation (EU) No 996/2010
England and Wales
Media, Transport, Information, European
Updated: 11 November 2021; Ref: scu.633229