||All England Reporter
|| All ER (D) 235 (May)
|| EWCA Civ 663
||Court of Appeal, Civil Division
Ward, May and Carnwath LJJ
||Vincent Nelson QC and Colin Thomann (instructed by Capsticks) for the claimant.
||Gavin Millar QC and Anthony Hudson (instructed by Thompsons) for the defendant.
||16 May 2003
Confidence - Breach of confidence - Journalist - Disclosure of sources - Freedom of expression - Public interest - s 10 - European Convention on Human Rights, art 10.
An order for source disclosure against a journalist could not be compatible with art10 of the European Convention on Human Rights unless it was justified by an overriding public interest. Although there was a clear public interest in preserving the confidentiality of medical records that could not alone be automatically regarded as an overriding requirement without examining the facts of a particular case.
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