Stokoe Partnership Solicitors v Dechert LLP & Ors
[2023] EWHC 3273 (KB)
Baroness Lawrence of Clarendon OBE v Associated Newspapers Limited
10 November 2023
[2023] EWHC 2789 (KB)
High Court
Famous people sued a newspaper for illegally getting their private info. The newspaper said it was too late to sue, but the judge said the newspaper hid its actions, so the lawsuit can continue. But the judge also said they can't use secret documents from a previous inquiry without permission.
Key Facts
- •Seven Claimants (including Baroness Lawrence, Elizabeth Hurley, Sir Elton John, Prince Harry) sued Associated Newspapers Limited (ANL) for unlawful information gathering.
- •ANL allegedly obtained private information through phone hacking, phone tapping, deception ('blagging'), and private investigators.
- •ANL allegedly used this information to publish articles in the Daily Mail, Mail on Sunday, and MailOnline.
- •Claims were filed in October 2022, ANL sought to strike out the claims due to limitation and breach of Leveson Inquiry restrictions.
- •The case involved documents from the Leveson Inquiry, subject to restriction orders.
- •The Claimants argued that ANL's deliberate concealment of unlawful acts prevented the limitation period from starting.
Legal Principles
Limitation Acts bar the remedy, not the right, and must be pleaded.
Ronex Properties Ltd v John Laing Construction Ltd [1983] QB 398
Summary judgment principles: realistic prospect of success, avoidance of mini-trial, disputed facts assumed in claimant's favour.
Various cases including Daniels v Lloyds Bank [2018] EWHC 660 (Comm)
Section 32 Limitation Act 1980: limitation postponed in cases of fraud, concealment, or mistake; burden of proof on claimant.
Bilta (UK) Ltd v SBS Securities plc [2022] BCC 833
Misuse of private information: reasonable expectation of privacy, balancing against freedom of expression.
ZXC v Bloomberg LP [2022] AC 1158
Inquiries Act 2005: presumption of public inquiry, powers to compel document production, restrictions on disclosure.
Inquiries Act 2005
Collateral purpose rule: documents disclosed in proceedings should only be used for those proceedings; exceptions exist.
Various cases including Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 1409
Open justice: civil proceedings are generally open to the public; exceptions require exceptional circumstances and necessity.
CPR 39.2
Outcomes
Limitation Application dismissed.
Claimants have a real prospect of demonstrating concealment by ANL that was undiscoverable before October 2016. Resolving factual disputes requires a trial.
Restriction Order Application succeeded.
Claimants' use of information from the Leveson Inquiry's Ledgers breached restriction orders. The court lacks jurisdiction to override these orders.
Reporting Restriction Application partially upheld (temporarily).
Restrictions necessary to protect the fairness of the proceedings and prevent premature disclosure of damaging allegations against journalists.