Cases

Interbrew SA v Financial Times Ltd & Others

Comment

There was no trial, so the Claimant's assertions about the circumstances in which the document came to be created, and about the likely purpose of the leak, could not be tested: instead, they were assumed against the Defendants. Hence the harm done to the Claimant, and the need for the Claimant to proceed against the source, were not certain, but the impact on the Defendants' Article 10 rights was obvious. Since the decision of the CA in Mersey Care NHS Trust v Ackroyd, this summary approach is unlikely to be repeated in s10 cases. The Defendants were unable to obtain leave to appeal to the HL, so an application to the ECHR in Strasbourg is pending.

Areas of work

Contempt
Human Rights
Media Law
Publishing

Also