Ruling on specific disclosure applications, transcripts: privilege and redactions (Clarke v Guardian)
Dispute Resolution analysis: The court has dismissed two disclosure-related applications by Noel Clarke at the outset of his libel and data protection trial against The Guardian. The claimant sought: (1) disclosure of the defendant's certified transcripts of audio files, and (2) the removal of redactions made, according to the defendant, to protect confidential journalistic sources. The judge held that transcripts of non-privileged conversations cannot be privileged, even when produced for litigation purposes, but nevertheless declined to order disclosure where it was not necessary for the fair disposal of the trial. She also refused the redactions application, where the claimant had plainly failed to establish convincingly that it was necessary to override the important public interest, in the interests of justice, in protecting journalistic sources. Written by Isabella Piasecka, managing associate and Sam Clare, trainee solicitor at Mishcon de Reya LLP.