Secretary of State for Defence v Guardian Newspapers Ltd

Subject Matter

CONTEMPT OF COURT — Sources of information — Disclosure — Secret Crown document — Copy sent to newspaper — Possibility of identification of sender from markings on copy — Newspaper seeking to protect source of information — Whether Crown entitled to immediate return of copy — Whether return of document in “interests of justice or national security” — Contempt of Court Act 1981, s 10

[1984] Ch 156; [1985] AC 339; [1984] 2 WLR 268; [1984] 3 WLR 986

COPYRIGHT — Crown — Secret document — Copy of document sent to newspaper — Whether Crown to be treated as owner of copy document — Copyright Act 1956, s 18(1)

[1984] Ch 156; [1984] 2 WLR 268

Appellate History

Secretary of State for Defence v Guardian Newspapers Ltd [1984] Ch 156; [1984] 2 WLR 268; [1984] 1 All ER 453, CA

Decision of the Court of Appeal affirmed

Secretary of State for Defence v Guardian Newspapers Ltd [1985] AC 339; [1984] 3 WLR 986; [1984] 3 All ER 601, HL(E)

Commentary

Blackstones Criminal Practice 2025
Heads of Public Interest Immunity - Sources of Information Contained in Publications F9.23

Heads of Public Interest Immunity - Sources of Information Contained in Publications - Disclosure ‘Necessary in the Interests of Justice’ F9.24

Heads of Public Interest Immunity - Sources of Information Contained in Publications - Effect of ECHR, Article 10 F9.27

Contempt of Court in Respect of Criminal Proceedings - Forms of Contempt: Refusal to Disclose Sources of Published Information B14.115

Blackstones Civil Practice 2023
Judicial Notice - Judicial notice after inquiry - Political facts 49.33

Statutory Restrictions on Disclosure - Journalists’ sources 50.135

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