In which I praise Private Eye for its news-gathering activities; comment on the failure of other news organisations to do the same; compliment the English courts for its open-ness; and contrast this with the prevailing mood in the Scottish courts regarding “Open Justice”.
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I was skimming the marvellous BAILII website, looking for interesting legal cases. As I did so, I came across one which was decided on 30th May 2012 by Mr Justice Morgan in the High Court in London. The case is titled Pressdram Limited v Craig Whyte and David Anderson. Pressdram Limited is of course the owner and publisher of Private Eye.
What happened here was that Private Eye engaged in good, honest journalism.
They wanted to see papers which related to the disqualification procedures taken against Mr Whyte and Mr Anderson under the Company Directors Disqualification Act 1986. These original proceedings were filed on 20th October 1998 and resulted in an order being made by Mr Registrar Simmonds on 13th June 2000. That order was a seven year disqualification for Mr Whyte.
Morgan J took account of guidance on “Open Justice” regarding “availability of documents to non-parties”. He also considered a very recent decision of the Court of Appeal – R (on the application of the Guardian News and Media Limited) v City of Westminster Magistrates’ Court & The Government of the United States of America and Article 19. In that case, which related to extradition, there had been, as Morgan J, in the Pressdram case, said, “a difference of view between the Divisional Court, which withheld the order sought by The Guardian newspaper and the Court of Appeal as to whether the Court had power to permit a newspaper to inspect certain documents and obtain copies of them, in relation to the extradition proceedings.” Continue reading →