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09 June 2017 / Stephen Gold
Issue: 7749 / Categories: Features , Civil way
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Civil way: 9 June 2017

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  • Showing the other ways!
  • Bar talk

WE DO IT OUR WAY!

Alternative disclosure

Sir Cliff Richard appears to be involved in litigation arising from the publicity given to a police raid on his flat. In the course of proceedings, he requested further information of the BBC as to whether the source for its story was within Operation Yewtree (OY). In an attempt to protect its source and making no admission that its source was within OY, the BBC sought an order against the Metropolitan Police requiring it to disclose a large body of documents in order to show the numbers aware of the investigation into the claimant and information on an internal investigation to identify a potential source in OY. The smaller the pool in the know, the greater the risk that the BBC’s source would be identified. -

In Richard v British Broadcasting Corporation and another (unreported, 3 April 2017), Mann J regarded the third party disclosure order sought to be overly wide and onerous. So his way

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