Search Mobile

collapse

already registered?

Please sign in with your existing account details.

Email address

Password

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

collapseSign

Home

Insights & events

Resources

Blogs

Court of Appeal orders Glenn Mulcaire to reveal further details of phone hacking

Phone hacking, court of appeal, news of the world, glenn mulcaire, steve coogan, nicola phillip, confidential information, intellectual property, dave drew, browne jacobson

6 February 2012

The Court of Appeal has upheld an order from the High Court requiring Glenn Mulcaire, the private investigator at the centre of the News of the World phone hacking scandal, to reveal the names of anyone who instructed him to intercept Steve Coogan and Nicola Phillips’ phone messages. Mr Mulcaire has until 5pm today to appeal.

Mr Mulcaire attempted to rely on his right to privilege against self-incrimination (PSI), arguing that by revealing other names he would be liable to prosecution for conspiracy. However, the court held that PSI could be suspended in proceedings for breach of confidence under section 72 of the Supreme Court Act 1981. This would not compromise Mr Mulcaire’s right to a fair trial, because section 72 prevents incriminating statements or admissions being used in later proceedings, should they take place.

By accepting a definition of “confidential” including “private” and “commercial information”, the Court of Appeal effectively rendered PSI obsolete where any form of confidential information has been illegally obtained.

Related opinions

Are whistleblowers entitled to keep their employer’s confidential documents?

In Nissan v Passi, the High Court recently considered the issue of an employee retaining confidential documents belonging to his former employer in the context of the employer’s application for an injunction seeking the return of such documents from the employee.

View blog

Important opportunity to comment on case law precedent

The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.

View blog

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

View blog