Source: All England Reporter
Publisher Citation: [2002] All ER (D) 106 (Mar)
Neutral Citation: [2002] EWCA Civ 274
Court: Court of Appeal, Civil Division

Ward, Sedley and Longmore LJJ

Representation Michael Tugendhat QC and Richard Parkes (instructed by Farrer & Co) for the Financial Times and the Independent, (instructed by the Legal Department, Guardian Newspapers) for the Guardian, (instructed by the Legal Department, Times Newspapers Ltd) for the Times, and (instructed by Clifford Chance) for Reuters.
  Charles Hollander QC (instructed by Simmons & Simmons) for the claimant.
Judgment Dates: 8 March 2002


Discovery - Discovery of documents - Public interest - Claimant requesting preparation of document in contemplation of takeover bid - Unidentified source sending allegedly doctored copies of document to defendant news publishers ||Claimant seeking delivery up of doctored copies - Whether delivery up should be ordered - s 10 - European Convention on Human Rights, art 10.

The Case

The claimant was entitled to an order against the defendant news publishers requiring them to preserve and deliver up copies of a document, alleged by the claimant to be partially forged, about a contemplated takeover bid by the claimant, which had been sent to the defendants by an unknown source. The public interest in the claimant being able to take proceedings against the source for breach of confidence outweighed that of protecting journalists from having to reveal their sources.

Practice Areas

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