Source: All England Reporter
Publisher Citation: [2003] All ER (D) 235 (May)
Neutral Citation: [2003] EWCA Civ 663
Court: Court of Appeal, Civil Division
Judge:

Ward, May and Carnwath LJJ

Representation Vincent Nelson QC and Colin Thomann (instructed by Capsticks) for the claimant.
  Gavin Millar QC and Anthony Hudson (instructed by Thompsons) for the defendant.
Judgment Dates: 16 May 2003

Catchwords

Confidence - Breach of confidence - Journalist - Disclosure of sources - Freedom of expression - Public interest - s 10 - European Convention on Human Rights, art 10.

The Case

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.

Practice Areas

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