Duffy (Colin Francis), McCrory (Alex) and Fitzsimons (Henry Joseph) v Sunday Newspapers Limited and Others
| Jurisdiction | Northern Ireland |
| Judge | Stephens J |
| Neutral Citation | [2017] NIQB 71 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 19 July 2017 |
1
Neutral Citation: [2017] NIQB 71 Ref:
STE10273
Judgment: approved by the Court for handing down Delivered:
19/07/2017
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN’S BENCH DIVISION
________
BETWEEN
COLIN FRANCIS DUFFY, ALEX McCRORY
AND HENRY JOSEPH FITZSIMONS
Plaintiffs:
and
SUNDAY NEWSPAPERS LIMITED, JAMES McDOWELL, PAULA MACKIN,
THE CHIEF CONSTABLE OF THE POLICE SERVICE FOR
NORTHERN IRELAND, A PERSON OR PERSONS UNKNOWN
THE ATTORNEY GENERAL FOR NORTHERN IRELAND,
THE ADVOCATE GENERAL FOR NORTHERN IRELAND,
and THE ATTORNEY GENERAL FOR ENGLAND AND WALES
Defendants:
________
STEPHENS J
Introduction
[1] The plaintiffs, Colin Francis Duffy, Alex McCrory and Henry Joseph
Fitzsimons have each commenced separate proceedings against a number of
defendants. The first three defendants (“the newspaper defendants”) are Sunday
Newspapers Limited, the publisher of the “The Sunday World,” James McDowell,
the editor of the Sunday World, and Paula Mackin, a journalist for that newspaper.
The fourth defendant is the Chief Constable of the Police Service for
Northern Ireland (“the Chief Constable”). The fifth defendant was described in each
of the writs as “An officer or officers of the Police Service for Northern Ireland
unknown”. The plaintiffs sought to amend the name of the fifth defendant to “A
person or persons unknown” and that amendment was granted on 24 October 2016.
The fifth defendant is alleged to be the source or sources of Articles published in the
2
Sunday World on 8 February 2015 and on 8 November 2015 (“the Articles”). The
Chief Constable is sued on the basis of his vicarious liability for the actions of the
fifth defendant, it still being asserted that the fifth defendant is a police officer. The
writs also named the sixth, seventh and eighth defendants, the Attorney General for
Northern Ireland, the Advocate General for Northern Ireland and the Attorney
General for England and Wales, though none of these have been served so that at
present they are not parties to any of these actions.
[2] The plaintiffs allege that whilst criminal proceedings against them were active
a source or sources disclosed to the newspaper defendants a transcript of covert
audio recordings leading to the publication of the Articles about them based on
those recordings asserting their criminal guilt.
[3] The newspaper defendants have given undertakings not to re-publish the
content of the Articles. By these applications the plaintiffs seek:
(a) an interlocutory injunction to prohibit the fifth defendant from any further
disclosure of the contents of covert audio recordings of conversations which
are alleged to have been between the plaintiffs and which the prosecution in
the criminal proceedings assert establish that the plaintiffs participated in a
conspiracy to murder and are members of a proscribed terrorist organisation;
and
(b) an order for interrogatories to compel the editor of, and a journalist for, the
“Sunday World” to reveal the name or at least the status of the source or
sources who disclosed to them the contents of the covert audio recordings;
and/or
(c) a similar order to reveal the name or at least the status of the source or sources
under the principles contained in Norwich Pharmacal Co v Customs and Excise
[1973] 2 All ER 943.
[4] The fifth defendant is a person or persons unknown and has not been served
with proceedings or the application for an injunction so that application against him
or her is an ex parte application.
[5] The editor and journalist oppose the application to compel them to disclose
their source or sources relying on Section 10 of the Contempt of Court Act 1981 and
Article 10 ECHR.
[6] Mr Fitzgerald QC and Mr Girvan appeared for the plaintiff, Colin Francis
Duffy. Mr Fitzgerald QC and Mr Fletcher appeared for the plaintiff, Alex McGrory.
Mr Girvan appeared for the plaintiff, Henry Joseph Fitzsimmons. Mr Lockhart QC
and Mr Coghlin appeared for the first three defendants, Sunday Newspapers Ltd,
James McDowell and Paula Mackin. Mr Coll QC and Mr McGuinness appeared for
the Chief Constable. The fifth defendant has not been served with these proceedings
To continue reading
Request your trial