Tuesday, 19 November 2013

Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48

Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 (01 February 2012): Unusual case in which the hacker/Private Investigator for the NotW, Mulcaire, argued that he needed PSI (protection against self-incrimination) which would stop him answering Coogan's case. The judgment is given by Lord Neuberger MR, with the Lord Chief Justice agreeing (hugely prominent judges in this appeal):
"I would dismiss these appeals, as:
i) Much of the information on the voicemail messages of the claimants which have been intercepted by Mr Mulcaire is likely to have been 'commercial information or other intellectual property' within section 72(5);
ii) Although some of the information was not 'commercial information or other intellectual property', and, in Ms Phillips's case, the confidence may have been that of her clients, section 72 can be relied on against Mr Mulcaire in both cases;
iii) Para (a)(i) of the definition of 'related offence' in section 72(5) applies, and, while paras (a)(ii) and (b) do not, that does not assist Mr Mulcaire in resisting any aspect of the orders he is appealing;
iv) Section 72, as so interpreted, is not incompatible with the Convention, and in particular Article 6; so the orders requiring Mr Mulcaire to give the information ordered by Mann and Vos JJ were correct;
v) It would be inappropriate to impose any safeguards in favour of Mr Mulcaire over and above those contained in section 72(3);
vi) Vos J's order striking out references to PSI in Mr Mulcaire's Defence in the proceedings brought by Mr Coogan was correct." 'via Blog this'

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