Cases

Doncaster Metropolitan Borough Council v BBC

Held

Refusing the application;

(1) Having reviewed a transcript of the proposed programme, there was no evidence that there was or had been a threat by the BBC to publish confidential or private information. Any application for an injunction must identify both the information said to be private or confidential, and the evidence of a threat to publish. For this reason the application to continue the order failed;

(2) There had been lamentable omissions by the Applicant to follow the procedure set out in the CPR governing the application for an interim injunctions: (i) no notice had been given to the BBC and no reason was advanced as to why notice had not been given; (ii) none of the requirements of CPR PD 25 had been followed.

(3) Furthermore, the Applicant omitted to (i) refer the Judge to s.12 of the HRA; and (ii) failed to supply the BBC, when requested to do so, a copy of the draft order submitted to the Judge.

Also