CC takes headline role as news organisations win out in dispute over confidental sources

Clifford Chance (CC) has won an eight-year court battle for a group of five news organisations in a dispute over the protection of the identity of confidential sources.

The magic circle firm acted for the Financial Times, The Guardian, The Times, Independent News & Media and Reuters in a dispute with the UK Government concerning freedom of expression and the rights of journalists to protect their sources.

The European Court of Human Rights (ECHR) handed down a ruling yesterday (16 December) in favour of the journalists, stating that Article 10 of the European Human Rights Convention - the right to freedom of expression - had been violated.

CC London public policy chief Michael Smyth led a team for the firm throughout the eight-year battle, with assistance from associates Kelwin Nicholls and Sarah Bishop.

CC instructed Richard Parkes QC of 5 Raymond Buildings and Professor Tony Smith as counsel.

The dispute stemmed from an anonymous document sent to each of the five news agencies in 2001 containing information regarding a potential takeover bid for Interbrew - the Belgium-based drinks company that later became InBev after the 2004 merger with Brazil's AmBev.

Journalists were ordered to hand over the document after losing an appeal in the Court of Appeal, before the news organisations took the dispute to the ECHR.

The UK Government was represented by the Foreign Office Legal Services throughout the proceedings.

Commenting on the ruling, Smyth said: "This is a welcome endorsement of the protection of journalists' sources. It confirms that the protection should only be removed in public interest grounds in the face of very clear evidence."

Clifford Chance on the Legal Week Wiki