Jurisdiction(s):
United Kingdom

Clarke v Guardian: High Court rejects litigation privilege for certified transcripts; robustly protects journalistic sources under CCA 1981 s 10; late specific disclosure and redactions applications refused

Published on: 21 March 2025

Published by a LexisNexis Dispute Resolution expert

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Article summary

Clarke v Guardian News & Media Ltd [2025] EWHC 550 (KB)

What are the practical implications of this case?

The ruling offers key guidance on how litigation privilege applies to transcripts. In preparing for trial, the defendant commissioned certified transcripts of audio recordings gathered during its inquiries into Noel Clarke. Facing the claimant’s disclosure application, The Guardian contended the transcripts were brought into being for the dominant purpose of conducting the claim and were therefore privileged. The court rejected that contention, confirming that when the underlying conversations are non‑privileged, their transcripts do not acquire privilege simply because they were created for litigation purposes. Additionally, the judgment underscores the strong protection afforded to journalistic sources. The court emphasised that, even where a source has been identified elsewhere, Article 10 rights may still protect information supplied by that source. That protection is not confined to the identity of sources; it also extends to the information they provide...

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