Disclosure— Privilege against self-incrimination—Confidential information

Court of Appeal, Civil Division, Lord Judge CJ, Lord Neuberger MR and Maurice Kay LJ, 1 Feb 2012

In the context of unlawfully intercepted mobile telephone voicemail messages, s 72 of the Senior Courts Act 1981 (SCA 1981) will be invoked where it is established that a significant amount of confidential information is ordinarily, or is around the time of the interception, included in the messages.

Gavin Millar QC and Alexandra Marzec (instructed by Payne Hicks Beach) for M. Jeremy Reed (instructed by Schillings) for C. Jeremy Reed (instructed by Taylor Hampton) for P. Thomas de la Mare (instructed by the Treasury Solicitor) for the Secretary of State for Business Innovation and Skills, interested party.

The second defendant, M, had been a private investigator engaged by the first defendant newspaper publisher, NGN. The first claimant, C, was a well-known comedian. The second claimant, P,