Publish date: 23 Feb 2022

Following the dismissal of the petition for Judicial Review, the decision was appealed by the BBC. The opinion of the Inner House of the Court of Session has now been issued. It allows the appeal.

The background was:

“Following the raising of Employment Tribunal proceedings, the orders were issued to prevent the imminent disclosure of confidential Inquiry information into the public domain and, importantly, protect the anonymity of vulnerable individuals who engage with the Inquiry.

“They were issued by the Chair under statutory powers that, at the time, she understood were available to her.

“The allegations in the employment tribunal proceedings were withdrawn, and the claim was dismissed.

“We are carefully considering our position in light of the court’s decision.

“We encourage anyone with information relevant to the Inquiry’s terms of reference to contact the Inquiry.”

To note:

In terms of s.4(2) of the Contempt of Court Act 1981, the Court has ordered that there be no publication of the content of the papers apart to the ET1 and ET3 forms referred to in the pleadings (under exception of the content of paragraphs 1-11 of the paper apart to the ET3 form), pending the final determination of these proceedings (including any appeal).