Cases

Nicholls v BBC

Facts

The plaintiff was a "supergrass". He had given evidence leading to the conviction of two men for the murder of three major drug dealers in Essex. The threat to the life and safety of the plaintiff, his wife and their children was such that they had been placed on a police witness protection programme. The plaintiff had then co-operated in the making of a documentary about his experiences on the witness protection programme. Steps were taken by the programme maker to prevent disclosure in the programme of the plaintiff's new identity and whereabouts, in consultation with the police. Notwithstanding that the police stated they were satisfied that these measures were adequate to protect the plaintiff and his family, the plaintiff applied for and obtained an interlocutory injunction on the basis that broadcast would increase the risk of harm to the plaintiff and his family. Morland J discharged the injunction on the ground that the programme would not increase this risk.

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