Cases

Fiddes v Channel 4 Television Corporation & Ors (CA)

Facts

In a libel action concerning a documentary programme about Tito Jackson and his family moving to Devon, the appellant appealed against the refusal of his application for specific disclosure.  He had sought an order for the restoration and search of backup tapes on the Second Defendant's computer system for deleted emails sent by or to the Third Defendant (the director/producer) during the period of the making of the programme.  The judge concluded, amongst other things, that there was no sufficient likelihood of finding any emails that were significant or relevant to the issues in the claim. The appellant contended that the judge had wrongly elevated this factor to be the decisive factor in the application.

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