Cases

Beckham & Another v News Group Newspapers Ltd

Held

(1) The Judge first referred to CPR Part 31.6 and Part 31.8. The power of the court to make an order for specific disclosure will only be exercised in “an appropriate case”. The power to direct disclosure of documents leading to a train of enquiry which may enable the applying party to advance his own case or damage that of the party giving disclosure arises only where an order has been made for a search for documents. Disclosure will be ordered only when necessary for the fair disposal of the action. (2) In all but two categories of documents the Defendant’s application was dismissed, as it did not pass the test set out in (1) above. In the remaining two categories, the judge ordered that undertakings offered by the Claimants to make further enquiries to ascertain whether any documents existed should be accepted by the Defendant. (3) The Defendant was ordered to provide specific disclosure as it related to an issue on the pleadings and the journalists' credibility.

Also