Panorama Injunction Appeal Refused

The Court of Appeal has refused an application to appeal the refusal of an injunction to restrain the broadcast of a BBC Panorama programme.

The Court of Appeal refused the application by undercover journalist, Mr Mazher Mahmood, to appeal Sir David Eady’s refusal to grant an injunction to restrain the broadcast of a BBC Panorama programme to protect details of Mr Mahmood’s current physical appearance. It did not consider that the Judge had committed an error of principle or reached a conclusion outside the ambit of conclusions that a judge could reasonably reach, being the only grounds on which the Court of Appeal could interfere.

Among other things, the claims, under Articles 2 and 3 of the European Convention of Human Rights, had been raised late in the day and Mr Mahmood had himself published photographs of himself. The Court of Appeal distinguished the injunction in relation to Jon Venables, which involved the full identification of someone who had never been identified before.

Mahmood v British Broadcasting Corporation and another [2014] EWCA Civ 1567, 11 November 2014.

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